Illinois Mail-in Ballot Deadline Challenge

Bost v. Illinois State Board of Elections

Filed: May 25, 2022

An anti-voting lawsuit challenging an Illinois law that permits mail-in ballots to be counted if received up to two weeks after Election Day.

Background

Lawsuit filed on behalf of three Republicans, including Rep. 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 June 2, 2025, the U.S. Supreme Court agreed to hear the case. The issue on appeal is whether federal candidates have standing to challenge Illinois’ mail-in ballot deadline.

Why It Matters

The lawsuit is part of a broader Republican strategy to restrict mail voting by targeting state laws that expand access to mail-in ballots. A Supreme Court decision granting federal candidates standing to sue over mail-in ballot deadlines — or a more expansive ruling granting all political candidates standing to contest any election rule — could open the floodgates to more legal challenges, making it easier to undermine ballot-counting procedures.

Latest Updates

Oct. 8, 2025: The U.S. Supreme Court is set to hear oral arguments.
Sept. 25, 2025: Congressman Bost filed his reply brief.
June 2, 2025: The U.S. Supreme Court agreed to hear the case.
Nov. 19, 2024: Plaintiffs asked the U.S. Supreme Court to review the case.
Aug. 21, 2024: The 7th U.S. Circuit Court of Appeals affirmed the district court’s decision and dismissed the case. Illinois’ mail-in ballot receipt deadline will remain in place.
Aug. 18, 2023: Plaintiffs appealed the dismissal to the 7th Circuit.
July 26, 2023: A district court judge dismissed the case for lack of jurisdiction.
Dec. 20, 2022: IDP appealed this decision to the 7th U.S. Circuit Court of Appeals, which ultimately affirmed the district court’s order denying intervention.
Oct. 11, 2022: The district court denied the Illinois Democratic Party’s (IDP) motion to intervene in the lawsuit.
May 25, 2022: Plaintiffs filed their complaint.

Case Documents (district court)

Docketing statement (Aug. 18, 2023)

Plaintiffs' notice of appeal (Aug. 18, 2023)

Judgment (July 26, 2023)

Opinion and order granting motion to dismiss (July 26, 2023)

Minute entry (July 26, 2023)

Order granting Democratic Party of Illinois' motion to participate in argument as amicus curiae (Dec. 2, 2022)

Democratic Party of Illinois' reply in support of its motion to participate in argument as amicus curiae (Nov. 29, 2022)

Plaintiffs' opposition to the Democratic Party of Illinois' motion to participate in argument as amicus curiae (Nov. 25, 2022)

Democratic Party of Illinois' opposed motion to participate in oral argument as amicus curiae (Nov. 14, 2022)

Democratic Party of Illinois' notice of appeal (Nov. 8, 2022)

Order (Nov. 7, 2022)

Democratic Party of Illinois' statement regarding participation as amicus curiae (Oct. 12, 2022)

Order denying Democratic Party of Illinois' motion to intervene (Oct. 11, 2022)

Plaintiffs' reply in support of their motion for partial summary judgment (Sept. 14, 2022)

Defendants' reply in support of their motion to dismiss (Sept. 14, 2022)

United States' statement of interest (Aug. 31, 2022)

Proposed intervenor-defendant's response to plaintiffs' statement of material facts (Aug. 22, 2022)

Proposed intervenor's memorandum in opposition to plaintiffs' motion for partial summary judgment (Aug. 22, 2022)

Plaintiffs' response in opposition to defendants' motion to dismiss (Aug. 22, 2022)

Defendants' response to plaintiffs' statement of material facts in support of plaintiffs' motion for partial summary judgment (Aug. 22, 2022)

Defendants' memo in opposition to plaintiffs' motion for partial summary judgment (Aug. 22, 2022)

Joint status report (August 2, 2022)

Democratic Party of Illinois' reply in support of their motion to intervene (July 21, 2022)

Memorandum in support of plaintiffs' motion for partial summary judgment (July 15, 2022)

Plaintiffs' motion for partial summary judgment (July 15, 2022)

Statement regarding agreed briefing schedule on plaintiffs' motion for partial summary judgment(July 15, 2022)

Statement of material facts in support of plaintiffs' motion for partial summary judgment (July 15, 2022)

Plaintiffs' memorandum in opposition to Democratic Party of Illinois' motion to intervene as defendant (July 14, 2022)

Defendants' memorandum in support of their motion to dismiss (July 12, 2022)

Defendants' motion to dismiss (July 12, 2022)

Defendants' motion for extension of time (July 8, 2022)

Democratic Party of Illinois' opposed motion to intervene as defendant (June 17, 2022)

Complaint (May 25, 2022)

Case Documents (7th circuit)

Opinion (Aug. 21, 2024)

Plaintiffs-appellants' response to state defendants-appellees' notice of supplemental authority (July 30, 2024)

State defendants-appellees' notice of supplemental authority (July 29, 2024)

State defendants-appellees' notice of supplemental authority (July 18, 2024)

Order (Feb. 8, 2024)

Plaintiffs-appellants' reply brief (Dec. 22, 2023)

Illinois' Democratic Party's amicus brief in support of defendants (Dec. 8, 2023)

Washington D.C. and 17 states' amicus brief in support of defendants (Dec. 8, 2023)

United States' amicus brief in support of defendants-appellees (Dec. 6, 2023)

State defendants-appellees' brief (Dec. 1, 2023)

Republican National Committee and National Republican Congressional Committee's amicus brief in support of appellants (Oct. 10, 2023)

Restoring Trust and Integrity in Elections' amicus brief in support of appellants (Oct. 10, 2023)

Plaintiffs-appellants' brief (Oct. 2, 2023)

Opinion (July 27, 2023)

Plaintiffs-appellants' reply brief (Feb. 23, 2023)

State defendant-appellees' brief (Feb. 2, 2023)

Plaintiffs-appellants' brief (Dec. 20, 2022)

Case Documents (U.S. Supreme COurt)

Reply brief for petitioners (Sept. 25, 2025)

Amicus brief for the Democratic Party of Illinois in support of respondents(Sept. 2, 2025)

Amicus brief of 17 states and the D.C. in support of respondents (Sept. 2, 2025)

Amicus brief of bipartisan former state secretaries of state in support of respondents (Sept. 2, 2025)

Brief of Illinois State Board of Elections (Aug. 26, 2025)

Motion of the United States for leave to participate in oral argument (Aug. 18, 2025)

United States' amicus brief (July 29, 2025)

PILF's amicus brief (July 29, 2025)

NRCC and NRSC's amicus brief (July 29, 2025)

RITE's amicus brief (July 29, 2025)

RNC's amicus brief (July 29, 2025)

Brief for petitioners (July 22, 2025)

Order (June 2, 2025)

Brief of Illinois State Board of Elections in opposition (April 14, 2025)

Restoring Integrity and Trust in Elections and Honest Elections Project's amicus brief in support of petitioners (Dec. 23, 2024)

Public Interest Legal Foundation's amicus brief in support of petitioners (Dec. 23, 2024)

Michigan Fair Elections Institute, PA Fair Elections and Wisconsin Voter Alliance's amicus brief in support of petitioners (Dec. 23, 2024)

Center for Election Confidence's amicus brief in support of petitioners (Dec. 23, 2024)

America's Future, Gun Owners of America, Citizens United and five other organizations' amicus brief in support of petitioners (Dec. 23, 2024)

Petition for writ of certiorari (Nov. 19, 2024)

Last updated: September 29, 2025 1:40 pm EST