Supreme Court to decide if challenge to Illinois' grace period for mail-in ballots can proceed
Supreme Court to decide if challenge to Illinois' grace period for mail-in ballots can proceed
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President Donald Trump's latest executive order is remaking federal elections. Here's five things to know.
WASHINGTON − The Supreme Court will decide whether a GOP congressman can challenge Illinois' decision to count mail-in ballots that are cast, but not received, before the end of Election Day.
Republicans have been trying to end that practice − adopted by many states − through lawsuits and a March executive order from President Donald Trump that is being litigated.
They argue states are illegally extending the election beyond the date set by federal law.
But when Rep. Michael Bost, R-Ill., and two presidential electors tried to make that case, lower courts said they hadn't been sufficiently harmed by the policy so couldn't sue.
The Supreme Court on June 2 said it will decide if the lawsuit can move forward.
Bost's attorneys said the Supreme Court needs to stop a growing trend of courts limiting candidates' ability to challenge electoral rules.
'He has now been denied the opportunity to have this challenge heard over the course of two reelection campaigns,' they told the Supreme Court.
The Chicago-based 7th U.S. Circuit Court of Appeals in 2024 dismissed Bost's argument that he has to spend campaign funds to contest any objectionable ballots that come in after Election Day.
Judge John Lee called it 'speculative at best' that later ballots could cause him to lose an election, noting he won by 75% in the 2022 election.
One of the three appeals court judges to rule on the lawsuit said he would have let it proceed.
More: Donald Trump signs executive order requiring proof of citizenship in federal elections
Illinois allows mail-in ballots to be counted if they are postmarked on or before the day of the election and received with two weeks.
Illinois and other states with grace periods say they prevent postal delivery issues and give people who vote by mail more time to make up their mind.
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