OPINION: Judicial Watch Petitions U.S. Supreme Court Over Illinois Ballot Counting — A Possible Turning Point for Election Integrity

By Janelle Powell, Opinion Contributor

In what could be a landmark moment for restoring election integrity in Illinois, Judicial Watch has officially petitioned the United States Supreme Court to review a controversial election law that allows ballots to be received and counted up to 14 days after Election Day. The case — Rep. Michael J. Bost, Laura Pollastrini, and Susan Sweeney v. The Illinois State Board of Elections — challenges Illinois’ decision to extend Election Day well beyond what federal law permits.

This lawsuit, originally filed in May 2022, argues that Illinois’ vote-by-mail deadline blatantly defies federal statutes, which mandate a single, national Election Day — the first Tuesday after the first Monday in November of even-numbered years. Judicial Watch contends that Illinois’ law not only undermines federal election standards but opens the door to potential voter fraud, as it allows ballots to be counted long after polls have closed, even if they lack a postmark.

In a troubling move, the Seventh Circuit Court of Appeals dismissed the case in a split decision, stating that Congressman Mike Bost lacked standing — a position that flies in the face of legal precedent. As Judicial Watch correctly points out in its petition to the U.S. Supreme Court, “it’s hard to imagine anyone who has a more particularized injury than the candidate has.”

Indeed, a sitting congressman, along with two federal electors, should absolutely have the right to question election procedures that could directly affect the legitimacy and outcome of their races. Denying that standing sends a chilling message to every candidate who dares to challenge the process, even when that process violates federal law.

This is not an isolated issue. The Fifth Circuit Court of Appeals recently ruled in a separate Judicial Watch case that counting ballots received after Election Day is illegal. If the Supreme Court takes up this Illinois case and rules in favor of the petitioners, it could set a national precedent and finally force Illinois to stop operating outside the bounds of federal election law.

For far too long, our state has been mired in election processes that lack transparency, consistency, and federal compliance.

This case is more than legal wrangling — it’s about the integrity of our democratic process. If the Supreme Court agrees to hear it and rules in favor of the plaintiffs, it may finally bring the reform and clarity we’ve needed in Illinois for decades.

We urge the Court to take up this petition — and we urge Illinoisans to stay alert. Because when election laws are bent, trust in the system breaks.

It’s time to restore both.