Supreme Court Revives Absentee Ballot Suit, Potentially Increasing Election Litigation

The Supreme Court’s recent ruling has significant implications for election litigation across the United States. The decision, issued on Wednesday, supports Illinois Congressman Michael Bost’s challenge against a state law regarding absentee ballots.

Supreme Court Ruling Details

The ruling passed with a 7-2 vote, driven by Chief Justice John Roberts. This decision allows candidates to challenge election laws that govern the counting of votes, thereby broadening the scope of legal actions in future elections.

Key Points of the Case

• Challenged Law: Illinois law permits mail ballots to be counted if received within two weeks after Election Day, provided they are postmarked by Election Day.
• Origin of Lawsuit: Bost filed the lawsuit in 2022, claiming that the Illinois law contradicted a federal law mandating a uniform Election Day.
• Legal Standing: Bost’s case faced initial dismissal due to lack of standing, as he did not demonstrate a specific, concrete injury.

Impacts on Election Litigation

This ruling potentially paves the way for increased litigation related to election laws. Steve Vladeck, a legal analyst, highlighted that candidates may now challenge how votes are counted during elections they participate in. This could lead to a surge in legal disputes, particularly in tightly contested races.

Concerns Raised by Dissenting Justices

• Justice Ketanji Brown Jackson: Joined by Justice Sonia Sotomayor, she warned that such rulings could destabilize electoral processes by encouraging more lawsuits.
• Justice Elena Kagan: Suggested that there is often no real problem with existing voting rules, questioning the necessity of the case.

Historical Context

It is important to note that Illinois’ mail ballot law has been in place since 2005, long before the COVID-19 pandemic. The former President’s claims of election fraud related to mail-in voting have been widely disputed.

Future of Election Challenges

As this decision unfolds, candidates might find themselves with greater legal standing to contest election laws, regardless of the election outcome. This ruling signals a potential shift towards more frequent litigation surrounding election processes.

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