by Judicial Watch News Staff at Judicial Watch
Judicial Watch announced today that the Supreme Court of the United States has agreed to hear its appeal of the decision of the U.S. Court of Appeals for the Seventh Circuit in a case filed on behalf of Congressman Mike Bost and two presidential electors, challenging an Illinois law extending Election Day for 14 days beyond the date established by federal law (Rep.Michael J. Bost, Laura Pollastrini, and Susan Sweeney v. The Illinois State Board of Elections and Bernadette Matthews (No. 1:22-cv-02754, 23-2644, 24-568)). The lower courts had denied that Bost had standing to challenge Illinois’ practice of counting ballots received after Election Day. (The Election Day lawsuit was initially filed on May 25, 2022.)
“It is an injustice that the courts would deny a federal candidate the ability to challenge an election provision that could lead to illegal votes being cast and counted for two weeks AFTER Election Day,” said Judicial Watch President Tom Fitton. “The Supreme Court’s decision to hear this case is a critical opportunity to uphold federal law, protect voter rights, and ensure election integrity. Illinois’ 14-day extension of Election Day thwarts federal law, violates the civil rights of voters, and invites fraud.”
Federal law defines Election Day as the first Tuesday after the first Monday in November of every even-numbered year. The complaint states: “Despite Congress’ clear statement regarding a single national Election Day, Illinois has expanded Election Day by extending by 14 days the date for receipt and counting of vote-by-mail ballots.” The Court of Appeals for the Fifth Circuit recently ruled in another Judicial Watch lawsuit, filed on behalf of the Libertarian Party of Mississippi, that counting ballots received after Election Day is unlawful.
Illinois’ election law allows vote-by-mail ballots received up to 14 days after the polls close on Election Day to be counted as if they were cast and received on or before Election Day. The lawsuit notes that “[e]ven vote-by-mail ballots without postmarks shall be counted if received up to 14 calendar days after Election Day if the ballots are dated on or before Election Day.” A Seventh Circuit panel found that Congressman Bost had no standing to challenge the provision, despite the increased costs and injuries to his federal candidacy caused by the two-week counting of ballots arriving after Election Day.
In its petition to the U.S. Supreme Court, Judicial Watch stated:…
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