Shawn Fleetwood of the Federalist highlights the U.S. Supreme Court’s consideration of a significant case related to state election rules.
There’s a lesser-known case pending before the Supreme Court on Thursday that could have major implications for future U.S. elections.
As part of their Thursday conference, the justices will consider whether to take up a case involving questions surrounding federal candidate litigation of state election regulations. Known as Bost v. Illinois State Board of Elections, the Supreme Court will have the opportunity to offer a definitive ruling on the issue of whether a federal candidate who has demonstrated substantiated factual allegations has standing to challenge state-enacted election laws and rules.
(At least four justices must agree to hear a case before it can be considered by the full court.)
Standing has been a contentious issue in election litigation. It was at the forefront of several prominent lawsuits filed contesting the 2020 presidential election cycle, as well as a case involving a challenge to then-President Biden’s ‘Bidenbucks” executive order.
“It’s really important for the public to know when federal courts are open or closed on [these types of] questions, especially related to candidates of their choice,” Judicial Watch’s Russell Nobile, who’s representing the plaintiffs in the case, told The Federalist.
The origins of this case date back to May 2022, when U.S. Rep. Mike Bost, R-Ill., and two other Republicans identified as presidential elector nominees filed a lawsuit against the Illinois State Board of Elections and the Board’s executive director, Bernadette Matthews. The plaintiffs specifically challenged a state law permitting the acceptance and counting of mail ballots up to 14 days after Election Day, arguing the statute “violates the federal law establishing Election Day by allowing votes to arrive and be counted for two weeks after the polls close,” according to Capitol News Illinois.