The Supreme Court made a move that completely changes the 2028 election
We’re years away from a new president. But this could change everything.
And now the Supreme Court made a move that completely changes the 2028 election.
7-2 Ruling Grants Standing to Challenge Illinois Mail-in Rules
In a significant victory for Republican efforts to ensure fair and timely vote counting, the U.S. Supreme Court ruled 7-2 on January 14, 2026, that Rep. Mike Bost (R-Ill.) and two Illinois primary delegates for President Trump have legal standing to challenge the state’s policy on late-arriving mail-in ballots. The decision, authored by Chief Justice John Roberts, reverses lower court dismissals and allows the case to proceed on the merits.
Illinois law permits mail-in ballots postmarked by Election Day to be counted up to 14 days later. Bost’s 2022 lawsuit argues this practice violates federal requirements for a uniform Election Day and undermines election integrity by extending the voting period unnecessarily. The ruling emphasizes that candidates have a direct, personal stake in how votes are counted in their races.
Chief Justice Roberts wrote for the majority: “Candidates have a concrete and particularized interest in the rules that govern the counting of votes in their elections, regardless of whether those rules harm their electoral prospects or increase the cost of their campaigns.” He added: “Their interest extends to the integrity of the election—and the democratic process by which they earn or lose the support of the people they seek to represent.” Roberts further stated: “Congressman Bost has an obvious answer: He is a candidate for office. And a candidate has a personal stake in the rules that govern the counting of votes in his election.”
The majority included conservative justices Alito, Thomas, Gorsuch, and Kavanaugh, with Justice Elena Kagan joining in part via a concurrence.
Lower Courts Overturned, Broader Implications for Fair Elections
Lower federal courts had dismissed the suit, claiming Bost lacked standing because he could not prove specific harm—especially given his strong reelection margins (never below six points, including 74.2% in his most recent race). The Supreme Court rejected that narrow view, recognizing that candidates face real burdens like extended campaign costs for monitoring late counts and potential erosion of public confidence in results.
Justice Amy Coney Barrett concurred, focusing on Bost’s “pocketbook injury” from added campaign expenses, writing: “Congressman Bost has standing because he has suffered a traditional pocketbook injury, not because of his status as a candidate.” She was joined by Kagan.
Dissenting were Justices Ketanji Brown Jackson and Sonia Sotomayor, with Jackson arguing the decision could allow candidates to bypass standard injury requirements through spending.
This ruling clears a key hurdle for GOP-led challenges to expansive mail-in policies, which Republicans argue create opportunities for irregularities and delay finality in close races. At least 17 states plus D.C. have similar rules allowing post-Election Day counting of timely postmarked ballots.
Path Forward and Momentum for 2026 Midterms and Beyond
The case now returns to lower courts to address the substance of whether Illinois’ law complies with federal election standards. A related Supreme Court case on Mississippi’s five-day post-Election Day counting window could influence or even resolve aspects of Bost’s challenge.
Rep. Bost, seeking a seventh term in 2026, welcomed the outcome as an important step toward greater accountability.
The decision empowers candidates—particularly Republicans who have prioritized election security—to scrutinize rules that could affect outcomes, helping restore trust in the process ahead of the midterms and the 2028 presidential cycle.
By affirming candidates’ right to defend the integrity of their own elections, the Court has bolstered GOP efforts to promote transparent, timely, and secure voting nationwide.
