Whether petitioners, as federal candidates, have pleaded sufficient factual allegations to show Article III standing to challenge state time, place, and manner regulations concerning their federal elections.
Bost v. Illinois State Board of Elections is a forthcoming United States Supreme Court case in which the Court will determine the legal standing of federal candidates in challenging regulations governing federal elections.
In May 2022, Illinois representative Mike Bost, joined by two Republican officials, sued the Illinois State Board of Elections. The plaintiffs, represented by Judicial Watch, contended that a state law allowing postal ballots postmarked on or before Election Day to be counted if they are received within fourteen days, while ballots with an illegible postmark or lacking a postmark may be counted so long as the ballot was signed and dated before Election Day. The lawsuit cited the establishment of Election Day and claimed that Bost was subject to harm. The plaintiffs filed their lawsuit in the District Court for the Northern District of Illinois In November, hours after midterm elections had closed, judge John F. Kness set oral arguments over a motion to dismiss the lawsuit for December, averting uncertainty over the counting of ballots in the states.[1] Kness dismissed the lawsuit in July 2023, stating that the plaintiffs lacked the legal standing to sue the board of elections.[2] In August 2023, the Court of Appeals for the Seventh Circuit upheld Kness's decision in a 2–1 vote.[3]
U.S. Supreme Court
On November 20, 2024, the plaintiffs appealed to the United States Supreme Court.[3] The Court agreed to hear the case on June 2, 2025.[4]
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