The Supreme Court of the United States delivered a 7-2 decision affirming broad candidate standing to bring election court challenges. The case was filed on behalf of Congressman Mike Bost and two presidential electors, who challenged Illinois law permitting post-Election Day mail-in ballots.
The Supreme Court affirmed: "Candidates have a concrete and particularized interest in the rules governing vote counting, regardless of whether those rules harm their electoral prospects or increase campaign costs. Their interest extends to the integrity of the election — and the democratic process by which they earn or lose the people's support."
Congressman Bost stated: "I'm thankful the U.S. Supreme Court ruled strongly in our favor, concluding we have standing to challenge Illinois' law allowing mail-in ballots to be counted two weeks after Election Day. This is a critically important step forward in restoring trust in our elections."
Judicial Watch President Tom Fitton responded: "This is the most important Supreme Court election law ruling in a generation. Too many courts have denied candidates the standing to challenge unlawful election rules such as the outrageous ballots that arrive after Election Day."
The case was originally filed on May 25, 2022, in the U.S. District Court for the Northern District of Illinois. The lower court dismissed the claim for lack of standing, and the Seventh Circuit upheld this in August 2023. The Supreme Court's reversal represents a significant shift in election law jurisprudence.