SCOTUS Decides to Hear Election Case--Thanks to Amicus Briefs from MFEI and Others
- Jun 9
- 7 min read
"Standing" may finally be addressed
By Patrice Johnson, Founder and Chair, Michigan Fair Elections Institute
June 9, 2025
In a significant victory for election integrity advocates, the U.S. Supreme Court has granted a Writ of Certiorari in Bost v. Illinois State Board of Elections, meaning it will review a lower court’s decision as to whether federal candidate has standing to sue in regard to the counting of mail-in ballots after Election Day. The case, led by Congressman Mike Bost (R-IL) and two presidential electors, challenges an Illinois law permitting mail-in ballots to be counted up to 14 days after Election Day, even without a postmark. Michigan has a similar law as well, going so far as to waive the requirement for postmarks on overseas ballots.
The core issue is whether the petitioners, as federal candidates, have provided enough factual evidence to establish Article III standing to challenge Illinois’ election procedures for federal elections. The plaintiffs argue that these procedures, which allow mail-in ballots to be counted up to 14 days after Election Day, violate federal laws (2 U.S.C. § 7 and 3 U.S.C. § 1) that mandate a uniform Election Day.
Tom Fitton, Judicial Watch President, praised the decision, saying, “The Supreme Court’s decision to hear this case is a critical opportunity to uphold federal law, protect voter rights, and ensure election integrity. Illinois’ 14-day extension of Election Day thwarts federal law, violates civil rights of voters, and invites fraud.”
The Court’s decision follows robust support from five amicus briefs, including one from Michigan Fair Elections Institute (MFEI), Pennsylvania Fair Elections (PFE), and Wisconsin Voter Alliance (WVA). The four other amici briefs came from Restoring Integrity and Trust in Elections (RITE), Center for Election Confidence (CEC), Public Interest Legal Foundation (PILF), and America's Future (AF) submitted. No briefs were filed in opposition.
The MFEI/PFE/WVA brief is posted here in the library of MFEI's website:
The Supreme Court’s decision, announced on June 2, 2025, constitutes a rare move. In order to be granted a writ of certiorari, a petition must gain the approval of at least four Supreme Court Justices.
Fewer than 5% of the 7,000 to 8,000 annual certiorari petitions are granted.
The case was debated over three conferences, an unusual step suggesting the Justices needed additional time to review extensive documentation, including the amicus briefs. Oral arguments are expected this fall, 2025, and a decision is likely before June 2026.
The Stakes
Bost v. Illinois State Board of Elections, filed in May 2022, challenges Illinois’ practice of counting mail-in ballots received up to 14 days after Election Day, provided they are dated on or before Election Day. Congressman Bost, represented by Judicial Watch, argues this violates federal law, which mandates a single Election Day for federal elections. The plaintiffs assert that this extended counting period increases costs and risks including invalid ballots, potentially altering election outcomes and causing competitive injury to federal candidates.
The Seventh Circuit dismissed the case, ruling Bost lacked standing and calling his injury “speculative” (Bost v. Illinois State Board of Elections, 114 F.4th 634, 643 (7th Cir. 2024)). The Supreme Court’s decision to hear the case signals a chance to clarify federal candidate standing and the scope of federal election law.
MFEI’s Amicus Brief and Its Arguments
The amicus brief filed by MFEI, WVA, and PFE, was authored by attorney Erick Kaardal and may have proven instrumental in persuading the High Court to grant certiorari. The brief argues that Congressman Bost has standing under the “well-established” competitor standing doctrine, which recognizes injury when a party is forced to compete in an illegally structured environment (Mendoza v. Perez, 754 F.3d 1002 (D.C. Cir. 2014)).
The case asserts that Illinois’ ballot-counting practice creates an illegally structured environment by counting “untimely” ballots, violating federal election laws (2 U.S.C. § 7 and 3 U.S.C. § 1). This, the brief contends, causes a concrete and particularized injury to Bost by potentially altering the final vote tally, which cannot be remedied post-election due to Illinois’ limited recount procedures (10 Ill. Comp. Stat. 5, art. 23).
The MFEI/WVA/PFE brief highlights the Seventh Circuit’s error in dismissing Bost’s injury as speculative, arguing the harm is imminent and traceable to the Illinois State Board of Elections’ actions. It cites data showing Democrats are more likely to vote by mail (35% in 2024 vs. 17% for Republicans, per Gallup), suggesting extended counting periods disproportionately benefit one party and skew the competitive landscape.
The brief also invokes the Elections Clause (U.S. Const., Art. I, § 4, cl. 1), arguing it establishes a rule of fair competition by delineating who regulates federal elections, and that Illinois’ practice undermines this framework (Moore v. Harper, 600 U.S. 1 (2023)).
The three-state-sponsored brief, of which MFEI was a part, urges the Court to apply competitor standing to federal candidates, ensuring they can challenge state election practices that violate federal law, thus preserving election integrity (Shays v. Fed. Election Comm’n, 414 F.3d 76 (D.C. Cir. 2005)). The brief emphasizes that an accurate vote tally is critical to a candidate’s legally protected interest, and no post-election process can identify or remove invalid ballots, making pre-election challenges essential (Carson v. Simon, 978 F.3d 1051 (8th Cir. 2020)).
The case could set an important precedent. It could determine that congresspeople have competitor standing to sue in election disputes, thereby protecting the principles of individual liberty in America.
Role of Amicus Briefs
The five amicus briefs, including the one in which MFEI took part, underscored the case’s national importance, likely influencing the Court’s decision to grant certiorari. The absence of opposing briefs may have further strengthened the petitioners’ position.
As the case progresses, MFEI, PFE, WVA, and others may file additional briefs to have input into the High Court’s final ruling.
Amicus briefs play an important role in signaling the level of support and highlighting specific issues for the Supreme Court to consider.
Broader Implications
The Bost case comes amid ongoing debates over mail-in voting, intensified since 2020. A ruling in Bost’s favor could limit states’ ability to extend ballot-counting periods, reinforcing federal authority over election procedures. This could affect states like Michigan with similar laws. Judicial Watch’s broader efforts, including lawsuits against California’s seven-day counting period, spotlight a larger push for election integrity and the importance of vote-counting processes.
Looking Ahead
The Supreme Court’s ruling could redefine candidate standing and federal-state authority in elections. Bost v. Illinois State Board of Elections may set a landmark precedent for how elections are conducted and who has legal standing to challenge electoral processes.
The Supreme Court, in taking the case, recognized the need to settle a major dispute that has long plagued the nation. This case may settle once and for all the question of who has standing to sue when they feel injustices may have occurred in elections.
Sources:
Amicus Brief: MFEI, PFE, WVA, No. 24-568, Bost v. Illinois State Board of Elections
The Epoch Times: Supreme Court to Hear Congressman’s Challenge
Judicial Watch: Supreme Court Will Hear Case
The New York Times: Supreme Court Agrees to Hear Challenge
Posts on X: @JudicialWatch, @Amerifuture, @gran90, @ElectionLawBlog
Patrice Johnson is founder and chairperson of Michigan Fair Elections (MFEI) and Pure Integrity Michigan Elections (PIME). Patrice has founded five successful technology companies and served as senior executive with a Fortune 50 technology company. In 2017, she authored the book, the Fall and Rise of Tyler Johnson, the basis of the nationally circulated PBS documentary film, Finding Tyler. Questions or comments? Contact patrice@mifairelections.org.
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