State of Illinois

Illinois Mail-in Ballot Deadline Challenge

Bost v. Illinois State Board of Elections

Lawsuit filed on behalf of three Republicans, including the current representative for the 12th Congressional District, Michael Bost, alleging that Illinois’ mail-in ballot receipt deadline violates federal law. The plaintiffs argue that federal law requires states to hold Election Day on the first Tuesday in November, but Illinois allows mail-in ballots to be received and counted for up to two weeks after Election Day. They argue this ballot receipt deadline effectively extends Election Day and, as a result, their votes are allegedly “diluted by illegal ballots received in violation of the federal Election Day statutes.” The lawsuit asks the federal court to prohibit Illinois election officials from counting mail-in ballots received after Election Day in future elections.

On Oct. 11, the district court denied the Illinois Democratic Party’s (IDP) motion to intervene in the lawsuit. On Dec. 20, IDP appealed this decision to the 7th U.S. Circuit Court of Appeals, which ultimately affirmed the district court’s order denying intervention. On July 26, 2023, a district court judge dismissed the case for lack of jurisdiction. On Aug. 18, the plaintiffs appealed the dismissal to the 7th Circuit.

Case Documents (district court)

Case Documents (7th circuit)

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