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Justices seem willing to allow candidate to challenge elections law on mail-in ballots
scotusblog ^ | 10/9/25 | Evan Lee

Posted on 10/09/2025 1:50:43 PM PDT by CFW

At Wednesday’s argument in Bost v. Illinois Board of Elections, not many of the justices worked hard to hide their cards. It appears there is a substantial majority, perhaps as many as seven justices, leaning toward reversing the lower federal courts’ holding that Rep. Michael Bost, a Republican member of Congress, lacked a legal right to sue, known as standing, to challenge an Illinois law allowing mail-in ballots postmarked by Election Day to be counted even if they arrive as many as 14 days later. Perhaps the bigger mystery is what precise test for “standing” the court will adopt for election-law cases.

In federal court, plaintiffs only have standing to sue if they properly allege that the challenged action or law causes them “concrete and particularized injury in fact.” Plaintiffs are not allowed to challenge laws in federal court on the ground that they are citizens or even taxpayers. They must allege some more specific personal harm that raises the claim to something beyond a mere “generalized grievance.”

Former U.S. Solicitor General Paul Clement, arguing for Bost, opened by boldly proposing a rule that would recognize standing for any candidate to challenge any material change in the way an election will be conducted, especially how and when votes are to be counted.

(Excerpt) Read more at scotusblog.com ...


TOPICS: Constitution/Conservatism; Politics/Elections; US: Illinois
KEYWORDS: ballots; elections; illinois; mail; mailin; scotus

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Interesting discussions in oral argument today in Bost v. Illinois.
1 posted on 10/09/2025 1:50:43 PM PDT by CFW
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To: CFW

Well, we know the two, then - the Wide One and the Brainless One.


2 posted on 10/09/2025 1:53:14 PM PDT by decal (They won't stop, so they'll have to be stopped)
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To: CFW

Well if my “mail in” ballot can take 14 days to arrive, then why couldn’t I vote on the 14th day after the election? Same principal?


3 posted on 10/09/2025 2:16:16 PM PDT by Lockbox (politicians, they all seemed like game show host to me.... Sting)
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To: CFW

“...ballots postmarked by Election Day to be counted even if they arrive as many as 14 days later...”

So anyone with a postal punch stamp machine can send in hundreds (thousands) of ballots AFTER election day, knowing it will be counted.

This is how Rats have been stealing elections for decades.


4 posted on 10/09/2025 2:16:25 PM PDT by Flavious_Maximus (Tony Fauci will be put on death row and die of COVID!)
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To: CFW

ABOUT DAMNED TIME


5 posted on 10/09/2025 2:21:17 PM PDT by ridesthemiles (not giving up on TRUMP---EVER)
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To: Flavious_Maximus

EXACTLY


6 posted on 10/09/2025 2:21:47 PM PDT by ridesthemiles (not giving up on TRUMP---EVER)
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To: ridesthemiles

Between this and the news that Dominion has been bought out we may just be making progress in having secure elections.

Secure elections! What a concept!


7 posted on 10/09/2025 2:31:49 PM PDT by CFW
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To: Flavious_Maximus

It’s one of many ways...


8 posted on 10/09/2025 2:34:28 PM PDT by ConjunctionJunction (Vim vi repellere licet)
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