Supreme Court debates legality of counting mail-in ballots after Election Day

In the United States, a significant legal dispute regarding mail-in voting law emerged after the U.S. Supreme Court heard arguments led by U.S. Representative Mike Bost. The case, initiated in 2022, challenges an Illinois law permitting mail-in ballots to be counted up to two weeks post-Election Day if they are postmarked correctly. Bost and two presidential electors argued that this legislation violates federal standards regarding the voting timeframe. Initially, both a federal trial court and a federal appeals court dismissed their lawsuit based on the standing issue, asserting that the plaintiffs failed to demonstrate how the legislation harmed them. The lawsuit underscores a broader issue of what constitutes standing in election law cases, as the Supreme Court's ruling could potentially impact future election-related legal disputes. Bost contended that the counting of ballots beyond the Election Day harms candidates’ electoral prospects and imposes additional financial burdens in sustaining campaign efforts throughout the post-election counting period. The plaintiffs claimed that their need for resources to monitor ballot counting constitutes a financial injury stemming from the law. In response, the Illinois State Board of Elections defended the law, challenging the validity of Bost's claims concerning speculative injuries related to election outcomes, arguing that candidates are not mandated to maintain campaign infrastructure after Election Day. This legal battle has drawn significant attention, especially considering the controversial nature of mail-in voting, which became a focal point for the criticism faced after the 2020 general election. Former President Donald Trump had previously condemned mail-in voting as a potential avenue for electoral fraud whilst also encouraging his supporters to utilize mail ballots during his campaign. Should the Supreme Court rule in favor of Bost, it may prompt lower courts not only to provide a definitive ruling on the Illinois mail-in voting law but also to open the door to a wave of new litigation regarding election laws nationwide. The outcome may influence how courts interpret candidates' rights to contest election rules and validate the efficacy of mail-in voting policies in other jurisdictions across the country, given that precedent setting could either bolster or diminish the legal grounds for similar future challenges.