Supreme Court Votes 7–2 to Let GOP Congressman Sue Over Ballot-Counting Law

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A federal appeals court previously affirmed a ruling that a GOP lawmaker’s status as a candidate did not entitle him to challenge an Illinois election law.

The U.S. Supreme Court voted 7–2 on Jan. 14 to allow a Republican congressman to challenge an Illinois law that allows the counting of ballots for two weeks after Election Day.

The nation’s highest court ruled in Bost v. Illinois State Board of Elections that Rep. Michael Bost (R-Ill.) has legal standing to contest the Illinois statute.

Standing refers to the right of someone to sue in court. A party must show a strong enough connection to the claim to justify participating in a lawsuit.

Chief Justice John Roberts wrote the court’s majority opinion. Justices Ketanji Brown Jackson and Sonia Sotomayor dissented.

“Candidates have a concrete and particularized interest in the rules that govern the counting of votes in their elections, regardless whether those rules harm their electoral prospects or increase the cost of their campaigns,” Roberts wrote.

“Their interest extends to the integrity of the election—and the democratic process by which they earn or lose the support of the people they seek to represent.”

The Supreme Court heard oral argument in the case on Oct. 8, 2025.

This is a developing story and will be updated.

By Matthew Vadum

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