Bost v. Illinois State Board of Elections
Bost v. Illinois State Board of Elections, Sup. Ct. No. 24-568, is an election-related case before the Supreme Court 2025 Term that will address the following question:
| â | QUESTION PRESENTED
Federal law sets the first Tuesday after the first Monday in November as the federal Election Day. 2 U.S.C. §§ 1 and 7; and 3 U.S.C. § 1. Several states, including Illinois, have enacted state laws that allow ballots to be received and counted after Election Day. Petitioners contend these state laws are preempted under the Elections and Electors Clauses. Petitioners sued to enjoin Illinoisâ law allowing ballots to be received up to fourteen days after Election Day. The sole question presented here is 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. |
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Congressman Michael Bost's opening brief is due on July 17, 2025, but his counsel (Judicial Watch) has requested an extension until July 31, 2025.
Arguments
Petitioners (Bost et al.) have expressly waived "review of their arguments below that vote dilution constitutes an independent injury conferring jurisdiction under Article III and Lujan." (Pet. 31 n.13)
Decision below
The Court relied on Gill v. Whitford, 585 U.S. 48, 64 (2018), in which the Supreme Court held that plaintiffs lacked standing to challenge a Wisconsin redistricting based on Baker v. Carr and Reynolds v. Sims, the Court in Gill explained that "the injuries giving rise to those claims were individual and personal in nature, because the claims were brought by voters who alleged facts showing disadvantage to themselves as individuals." Gill, 585 U.S. at 67. The Seventh Circuit held that "[j]ust as in Gill, Plaintiffs here only claim a generalized grievance affecting all Illinois voters; therefore, they have not alleged a sufficiently concrete and particularized injury in fact to support Article III standing." Bost v. Ill. State Bd. of Elections, 114 F.4th 634, 641 (7th Cir. 2024).