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Supreme Court Rules Candidates Have Standing to Sue Over Vote Counting

Published 15 January 2026

The Supreme Court ruled Wednesday in a 7-2 decision that candidates for office have the legal right, or standing, to challenge state laws governing the counting of votes in their elections, potentially paving the way for more pre-election lawsuits nationwide.

The case, Bost v. Illinois State Board of Elections, stemmed from a challenge by U.S. Rep. Michael Bost, a Republican from Illinois, against a state law that permits election officials to count mail-in ballots postmarked by Election Day but received up to 14 days later. Bost argued that the provision violated a federal statute establishing a uniform Election Day for federal contests. Lower courts had dismissed his suit, finding that Bost lacked standing because he had not demonstrated a concrete injury, especially since he won his reelection by a wide margin. The high court reversed those rulings, focusing solely on the standing issue and not the merits of the ballot-counting law.

In the majority opinion, Chief Justice John Roberts wrote that candidates possess a concrete and particularized interest in the rules that govern vote counting, separate from the general public's stake in fair elections. "An unfair election...

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