Supreme Court weighs standing in Illinois ballot rule challenge

The U.S. Supreme Court on Wednesday heard arguments over whether a Republican congressman has the legal right to challenge an Illinois law that allows mail ballots postmarked by Election Day to be counted for up to 14 days after polls close, with the American Civil Liberties Union joining the effort to preserve broader access to courts. The justices were asked not to decide the constitutionality of the postmark rule itself but to determine whether Rep. Mike Bost has standing to sue over it.

The Illinois statute, enacted in 2015 to, among other aims, accommodate overseas and military voters, permits ballots postmarked by Election Day to be counted if received within a 14 day window. Bost, a six term congressman from southern Illinois, filed suit in May 2022 arguing that the postelection counting effectively extends Election Day, dilutes votes cast in person and forced his campaign to incur extra expenses to staff polling operations after Election Day. Lower courts dismissed the challenge, including a July 2023 ruling that Bost failed to show concrete, particularized and imminent injury.

At oral argument, Bost’s lawyer, Paul D. Clement, urged the justices to recognize a...