US Supreme Court: Candidates Can Challenge Election Rules

Candidates for office are entitled to challenge the rules governing how votes are counted in their elections, the Supreme Court ruled in a 7-2 decision on January 14, 2026. Chief Justice John Roberts wrote in the majority opinion that "candidates have a concrete and particularized interest in the rules that govern the counting of votes in their elections, regardless whether those rules harm their electoral prospects or increase the cost of their campaigns." The decision makes it easier for candidates to bring such lawsuits and should prompt candidates to file challenges ahead of elections to ensure fair rules are known ahead of time. Legal experts predict the decision will increase election-related litigation but emphasize it should prompt candidates to file challenges ahead of elections. Rick Hasen of UCLA Law School noted: "Candidates shouldn't sit on complaints about an election and see how it goes. They should sue as early as they can if they see a problem." The case stemmed from a lawsuit by U.S. Rep. Michael Bost (R-IL), who challenged Illinois' law allowing mail ballots delivered up to two weeks after Election Day. The Supreme Court ruled solely on the question of standing, not the merits of Bost's claim.