Supreme Court To Hear Challenge On Post-Election Day Ballot Counting From Illinois

The Supreme Court agreed Monday to consider whether Republican Illinois Rep. Mike Bost can challenge state rules that allow counting ballots after Election Day.

Under Illinois law, mail-in ballots that arrive up to two weeks after the election can still be counted, as long as they are postmarked on or before Election Day.

The 7th circuit previously ruled in August 2024 that Bost and two Republican presidential elector nominees did not have standing to challenge the rule in court. (RELATED: GOP Rep Who Was Censured For Opposing Trans Athletes Sticks It To Democrats With Supreme Court Victory)

“A sitting member of the U.S. House of Representatives seeks to challenge a state electoral regulation affecting his reelection,” Bost’s filings states. “He has successfully run for federal office in Illinois for three decades. He alleges that the regulation allows the receipt of ballots in a manner contrary to federal law.”

.@TomFitton: “We filed a petition to the Supreme Court, hoping they will take our case over a candidate’s right to challenge in federal court the counting of ballots that arrive AFTER Election Day.” pic.twitter.com/hcgHEGGddM

— Judicial Watch ⚖️ (@JudicialWatch) June 2, 2025

There is “a live circuit split over whether the prospect of a final tally that does not accurately reflect the legally valid votes cast in an election is an injury conferring standing on federal candidates who challenge electoral regulations,” the filing continues.

Restoring Americans’ trust in elections is “more important than ever” given confidence is at a “discouraging low point,” Bost said in response to the decision.

“I believe a big part of that effort is ensuring all votes are tallied by Election Day, not days or weeks later,” he said in a statement. “I am thankful the U.S. Supreme Court has agreed to hear my appeal of Illinois’ election law. This is a critical moment for the rule of law and election integrity.”

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