The Supreme Court on Wednesday revived an Illinois Congress member’s lawsuit over a state mail-in ballot law, paving the way for political candidates nationwide to challenge election laws more easily in their states.
The justices ruled 7-2 that Rep. Mike Bost (R-Ill.) has the legal right to sue Illinois over its ability to count mail-in ballots received after Election Day, a practice targeted by President Trump and his allies.Chief Justice John Roberts wrote the majority opinion over the dissents of two of the court’s liberals: Justices Sonia Sotomayor and Ketanji Brown Jackson.
“Candidates, in short, are not ‘mere bystanders’ in their own elections,” Roberts wrote. “They have an obvious personal stake in how the result is determined and regarded.”
The legality of the Illinois mail-in ballot practice was not before the justices. But lower courts ruled Bost did not have standing to bring the case after finding the votes likely would not much impact his own race.
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