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Oct 8, 2025  |  
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Abbie VanSickle


NextImg:Supreme Court to Consider Illinois Mail-In Balloting Lawsuit

The Supreme Court will hear arguments on Wednesday in a case dealing with rules allowing mail-in ballots in Illinois to be counted even if received after Election Day, a practice permitted in many Democratic-led states that has been repeatedly challenged by Republicans.

At issue in the case is the narrow question of whether a federal elected official can sue to stop a state from counting such ballots.

Under Illinois law, ballots postmarked by Election Day are counted if they are received up to 14 days later.

Representative Mike Bost, a six-term Republican who represents a district in downstate Illinois, and two electors filed a lawsuit in May 2022 arguing that the late-ballot rule is superseded by laws enacted by Congress setting the time for federal elections.

The lawsuit was one of several challenges brought by allies of President Trump to question the guidelines around mail-in ballots, which he has long attacked and falsely blamed for his 2020 election loss as more people voted by mail during the pandemic.

It is also the first of several voting rights and election-related disputes the justices are scheduled to hear this term, setting up an important year for the court and the mechanics of democracy.


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