Illinois Mail-in Ballot Deadline Challenge

Bost v. Illinois State Board of Elections

Filed: May 25, 2022

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.

STATUS: An appeal is ongoing in the 7th U.S. Circuit Court of Appeals. Oral argument has not yet been scheduled.

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)

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)

Appellee's 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)

Appellants' brief (Oct. 2, 2023)

Opinion (July 27, 2023)

Appellant's reply brief (Feb. 23, 2023)

Appellees' brief (Feb. 2, 2023)

Appellant's brief (Dec. 20, 2022)

Last updated: February 12, 2024 12:20 pm EST