Supreme Court Revives Rep. Bost’s Challenge to Illinois Law Counting Mail Ballots Received up to 14 Days After Election Day
In a 7–2 decision, the Supreme Court revived Rep. Mike Bost’s challenge, finding he has standing even though the late-arriving ballots likely did not affect his lopsided win. Bost targets an Illinois law that allows ballots postmarked by Election Day to be counted if received within 14 days, a rule used by more than a dozen states and D.C., and the Court said it will address this broader question this spring after the Trump administration weighed in supporting Bost.
📌 Key Facts
- The Supreme Court revived Rep. Mike Bost’s challenge to an Illinois law that allows counting mail ballots received up to 14 days after Election Day.
- The Court’s order was 7–2.
- The Court held that Bost has legal standing to bring the challenge even though the late-arriving ballots likely did not affect his lopsided victory.
- Illinois’ statute permits counting ballots that are postmarked by Election Day if they are received within two weeks (14 days) after the election.
- More than a dozen states, plus Washington, D.C., have similar rules allowing receipt of mail ballots after Election Day under certain conditions.
- The Supreme Court will take up this broader constitutional question this spring — whether states may continue counting such late-arriving mail ballots.
- The Trump administration filed a brief supporting Rep. Bost’s challenge.
📊 Relevant Data
In the 2020 Illinois presidential election, 266,417 mail-in ballots arrived after Election Day and were counted, representing 4.4% of all votes cast.
Federal lawsuit threatens validity of potentially tens of thousands of Illinois mail-in, military ballots — Chicago Tribune
In the 2020 U.S. election, 67% of Asian American voters used mail-in or absentee voting, compared to 51% of Hispanic voters, 45% of White voters, and 38% of Black voters; overall U.S. voting-age population in 2020 was approximately 60% non-Hispanic White, 19% Hispanic, 13% Black, and 6% Asian.
The voting experience in 2020 — Pew Research Center
In the 2020 U.S. election, voters aged 65 and older were more likely to vote by mail (55%) than voters aged 18-34 (44%), 35-49 (42%), or 50-64 (41%).
The voting experience in 2020 — Pew Research Center
In 2022 Texas primary, mail ballot rejection rates were over 16% for Black, Latino, and Asian voters compared to 12% for White voters, making non-White voters at least 30% more likely to have applications or ballots rejected; Texas population in 2022 was approximately 40% White, 40% Hispanic, 12% Black, 5% Asian.
Records Show Massive Disenfranchisement and Racial Disparities in 2022 Texas Primary — Brennan Center for Justice
U.S. active-duty military personnel in 2023 were 68% White (vs. 58.9% non-Hispanic White in U.S. population), 17.6% Black (vs. 13.6%), 19.5% Hispanic (vs. 19.1%), with an average age of 28.6 years and 82.3% male.
2023 Demographics Report — Military OneSource
📰 Source Timeline (2)
Follow how coverage of this story developed over time
- Confirms the Supreme Court’s vote count as 7–2 and that the Court held Rep. Mike Bost has standing even though late-arriving ballots likely did not affect his lopsided win.
- Spells out that Illinois’ statute permits counting ballots postmarked by Election Day if received within two weeks, and notes that more than a dozen states plus D.C. have similar post-Election Day receipt rules.
- Reports that the Court will take up the broader question this spring of whether states may continue counting such late-arriving mail ballots and that the Trump administration weighed in to support Bost.