Supreme Court Hears Case of Candidate Who Sued Despite Winning Election
The U.S. Supreme Court heard arguments on Wednesday in a case that challenges Illinois voting regulations, with conservative and liberal justices alike appearing to have little use for either side.
At issue was a suit by Rep. Michael Bost, R-Ill., who challenged the constitutionality of an Illinois regulation allowing ballots mailed in by Election Day to be counted for up to 14 days after polls close. The lower courts ruled against Bost, finding that he failed to show individual harm since he won his election.
Representing Bost was former U.S. Solicitor General Paul Clement, who argued that the mail-in ballots lowered Bost's margin of victory and forced him to pay staffers during the extended vote count. However, Chief Justice John Roberts and Justice Elena Kagan were skeptical, questioning whether Bost had indeed been harmed by the regulation.
"We're not talking about a situation where there was some kind of widespread disenfranchisement," Kagan said during oral arguments. "We're talking about a situation where one person's margin of victory is affected."
Bost's lawsuit claimed that the Illinois regulation, which allows ballots to be counted up to 14 days after Election Day, is unconstitutional because it does not provide equal protection under the law for voters who cast their ballots in person.
The case has been closely watched by election law experts and voting rights advocates. "This case raises important questions about the constitutionality of mail-in ballot laws," said Richard Hasen, a professor at the University of California, Irvine School of Law. "If the court were to rule against Illinois, it could have significant implications for voting regulations across the country."
The Supreme Court's decision in this case is expected to be released in the coming months.
Background on the issue: In 2022, Illinois passed a law allowing voters to cast their ballots by mail and have them counted up to 14 days after Election Day. The law was intended to increase voter participation and reduce long lines at polling stations. However, some critics argued that it could lead to widespread disenfranchisement and undermine the integrity of elections.
Additional perspectives:
"This case is about ensuring that every vote counts equally," said Illinois Secretary of State Alexi Giannoulias, who defended the state's voting regulations in court. "We believe our law is constitutional and will withstand scrutiny."
"The Supreme Court should be careful not to undermine the democratic process by imposing arbitrary limits on how votes are counted," said Michael Waldman, president of the Brennan Center for Justice.
Current status: The case, Bost v. Pritzker, was argued before the Supreme Court on October 4, 2025. A decision is expected in the coming months.
*Reporting by Npr.*