Supreme Court to consider challenge from GOP Illinois rep questioning mail-in ballot counting law

The Supreme Court agreed Monday to consider whether Republican Illinois Rep. Mike Bost can challenge state rules that allow counting ballots after Election Day.

Under Illinois law, mail-in ballots that arrive up to two weeks after the election can still be counted, as long as they are postmarked on or before Election Day.

The 7th circuit previously ruled in August 2024 that Bost and two Republican presidential elector nominees did not have standing to challenge the rule in court.

“A sitting member of the U.S. House of Representatives seeks to challenge a state electoral regulation affecting his reelection,” Bost’s filings states. “He has successfully run for federal office in Illinois for three decades. He alleges that the regulation allows the receipt of ballots in a manner contrary to federal law.”

There is “a live circuit split over whether the prospect of a final tally that does not accurately reflect the legally valid votes cast in an election is an injury conferring standing on federal candidates who challenge electoral regulations,” the filing continues.

This is a breaking news story and will be updated.

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