WASHINGTON — On Monday, the Supreme Court agreed to consider reinstating a legal challenge by Republicans against an Illinois statute that permits mail ballots received up to two weeks post-Election Day to be counted. The court is set to hear arguments in the upcoming fall to determine if Representative Mike Bost from Illinois, along with two ex-presidential electors, have the legal standing to sue the state over this election law in federal court. Previously, lower federal courts determined that they do not hold such standing.
This case may intensify the ongoing debate, echoing former President Donald Trump’s assertions that ballots arriving post-Election Day, along with protracted vote counts, potentially erode public confidence in the electoral system. Currently, Illinois is one of 18 states, alongside the District of Columbia, that accepts mailed ballots arriving after Election Day, provided they are postmarked by Election Day itself, according to information from the National Conference of State Legislatures.
In a move earlier this year, Trump signed a comprehensive executive order on election protocols, promoting the requirement for votes to be “cast and received” by Election Day. This order also posits that federal funding should be contingent upon states adhering to this mandate. In their appeal to the Supreme Court, the Republicans from Illinois asserted that the court should affirm candidates’ rights to contest state-level federal election regulations.