WASHINGTON, D.C.—Candidates in elections can challenge the rules that govern the counting of votes in their election the US Supreme Court on Tuesday, January 14, ruled in a 7-2 decision that can affect mail-in vote counting in Washington state.
The U.S. Supreme Court’s ruling in Bost v. Illinois State Board of Elections agrees that plaintiffs Congressman Michael Bost (running for a U.S. House seat) and two Republican presidential elector nominees, have the legal right to bring their lawsuit challenging Illinois’ mail-in ballot counting rules that allow the practice of counting mail-in ballots received up to 14 days after Election Day (even if postmarked by Election Day) is a violation of federal statutes: 2 U.S.C. §7 (setting the date for congressional elections) and 3 U.S.C. §1 (setting the date for presidential elections).
The Court ruled that Bost, as a candidate for federal office, does have Article III standing to sue, reversing the Seventh Circuit Court of Appeals’ dismissal and remanding the case for further proceedings on the merits.
Chief Justice Roberts delivered the majority opinion with Justices Barrett and Kagan concurring.
“Candidates have a concrete and particularized interest in the rules that govern the counting of votes in their elections, regardless [of] whether those rules harm their electoral prospects or increase the cost of their campaigns,” wrote Justice Roberts. “Their interest extends to the integrity of the election—and the Democratic process by which they earn or lose the support of the people they seek to represent.”
Justices Jackson and Sotomayor dissented, warning that the ruling could “open the floodgates” to frivolous election lawsuits by candidates over minor issues like ballot design or fonts, overwhelming courts with partisan challenges.
Washington state allows mail-in ballots to be counted if they are received after Election Day, provided these are postmarked no later than Election Day. These ballots must be received by election officials no later than the day before certification, which is typically 21 days after a general election or 14 days after a primary.
Wednesday’s SCOTUS ruling now opens the “floodgates” to legal challenges to ballots received after Election Day in elections.
The Seventh Circuit Court of Appeals must now hear the Bost v. Illinois State Board of Elections on its merits.
Roberts’ opinion may hint at how SCOTUS may rule on the merit of counting ballots post-Election Day even if the ballots are postmarked no later than Election Day:
“Each runner in a 100-meter dash, for example, would suffer if the race were unexpectedly extended to 105 meters. The fastest to run 105 meters has not won the 100-meter dash. And in much the same way, an unlawful extension of vote counting deprives candidates of the opportunity to compete for election under the Constitution and laws of the United States.”
Author: Mario Lotmore
