Supreme Court Allows Candidates to Challenge Vote-Counting Rules

John J. Lydon and Jacob N. Rotolo • February 4, 2026


On January 14, 2026, the U.S. Supreme Court decided that political candidates can bring lawsuits over election rules. In Bost v. Illinois State Board of Elections, 607 U.S. ___ (2026), the Court held that a candidate for office has the right to challenge state rules about how votes are counted, even if the candidate cannot prove the rule will change the outcome of an election.

 

The Case

 

Illinois law allows election officials to count mail-in ballots that are postmarked by Election Day and received up to two weeks later. See Ill. Comp. Stat., ch. 10, §§5/19–8(c), 5/18A–15(a). Congressman Michael Bost and other candidates sued the Illinois State Board of Elections, arguing that counting ballots received after Election Day violates a federal law that sets a single national Election Day. Lower courts dismissed the case, reasoning that the candidates lacked standing because they had not shown that the rule would actually cause them to lose or materially affect the election results.

 

The Supreme Court disagreed with the lower courts’ interpretation. Writing for the majority, Chief Justice Roberts explained that candidates have a direct and personal interest in the rules that govern how votes are counted in their elections. That interest goes beyond simply winning or losing. According to the Court, candidates are entitled to a fair and lawful election process. When election rules allegedly depart from the law, candidates are harmed because the fairness and public confidence in the election can be undermined even if the final outcome stays the same. The Court also rejected the idea that candidates must show a real risk of losing an election before they can sue. Requiring that kind of proof, the Court said, would force judges to guess how elections will turn out and would push lawsuits to the very end of the election cycle, when court involvement is most disruptive.

 

Justice Barrett and Kagan concurred with the result but for a narrower reason, focusing on the campaign costs candidates incur to monitor vote counting. Justice Jackson and Sotomayor dissented, arguing that concerns about election fairness are shared by voters generally and should not automatically give candidates the right to sue.

 

Overall Takeaway

 

The Supreme Court did not decide whether Illinois’s vote-counting rule is lawful. Instead, it ruled that the candidates are allowed to bring their challenge and have it heard on the merits. The decision makes it easier for candidates to challenge election procedures before an election occurs, rather than after votes are counted. As a result, Bost is likely to play an important role in future election-law disputes and in how courts handle challenges to election administration rules.

 

Should you have additional questions regarding this ruling's impact on Illinois elections, or wish to consult an attorney about participating in an upcoming Illinois or federal election, please call Lavelle Law at 847-705-7555 or email Attorneys John (Jack) Lydon (lydonj@lavellelaw.com) or Jacob Rotolo (jrotolo@lavellelaw.com) to schedule your free and confidential one-hour consultation.

More News & Resources

Lavelle Law News and Events

IRS Announces Nationwide Hiring Events
By Timothy M. Hughes June 10, 2026
On June 4, 2026, the Internal Revenue Service announced a series of hiring events to take place across the country through the end of July 2026. The events are aimed at recruiting individuals for key seasonal roles, including customer service representatives and tax examining technicians.
So, You Want to Run for Office?
Meeting the Basic Eligibility Requirements is the First Step
By Annette K. Corrigan June 5, 2026
Before you print a single petition or launch a campaign website, the first and most important question is this: Am I eligible to run for this office? In Illinois, failing to meet the basic eligibility requirements can disqualify a candidate before the race even begins. Understand the rules upfront.
“Entrepreneurial Boot Camp” outlines key legal and structural decisions every founder should know.
By Theodore M. McGinn and Frank J. Portera May 27, 2026
This Lavelle Law Breakfast Briefs seminar highlighted actionable insights to protect and position your business for success, including: business entity selection; capital structure; key contract terms; and shareholder and operating agreements.
Disregarding clear obligations in a court-approved parenting agreement led to costly consequences.
By Domestic Relations / Family Law May 26, 2026
As a result of our efforts, the court reduced our client’s child support arrearage by half because of the mother’s intentional and prolonged refusal to provide her share of transportation costs. The court also ordered the mother to pay a substantial portion of the father’s attorney’s fees.
A Guide to Preparing and Completing the Dreaded Financial Affidavit  in Illinois Divorce Cases
By Annette K. Corrigan May 22, 2026
Anyone going through a divorce in Illinois is required to complete a financial affidavit as part of the legal process. Each spouse completes their own financial affidavit, utilizing all financial records and information available to them. Follow this step-by-step guide to streamline the process and avoid costly errors.
How to Run as a Write-In Candidate in Illinois
By Annette K. Corrigan May 21, 2026
Write-in candidates are a unique feature of Illinois elections. They allow qualified individuals to run for office without appearing on the printed ballot. While this option provides flexibility, it comes with strict procedural requirements under the Illinois Election Code.
Important Update for Auto Dealers: FTC Cracks Down on Advertising Practices.
By Sarah J. Reusché May 15, 2026
On March 13, 2026, the Federal Trade Commission sent warning letters to 97 dealerships nationwide concerning their advertising practices. This article addresses the practical implications of the FTC’s stance on dealer advertising and what dealers need to know to remain in compliance.
IRS Announces New Option for Taxpayers to Request More Time After ERC Claim Disallowance
By Timothy M. Hughes May 10, 2026
The Internal Revenue Service recently announced a new, streamlined way for taxpayers to extend the period of time for the IRS and the IRS Independent Office of Appeals to review a taxpayer’s response to a disallowance of an Employee Retention Credit (“ERC”) claim to avoid refund litigation.
High-level insight into sophisticated tax-deferral strategies tailored for business owners
By Kerry M. Lavelle May 4, 2026
Kerry Lavelle explains how business owners can access tax-deferred money, highlighting two selective strategies for key employees or management: Deferred Compensation Plans and Cash Balance Plans. Both allow business owners and key team members to earn money while deferring taxes.
Consolidated Omnibus Budget Reconciliation Act (COBRA)
By James P. Berg April 27, 2026
Losing a job or experiencing a change in employment status can be stressful, particularly when it impacts health insurance coverage. The Consolidated Omnibus Budget Reconciliation Act (“COBRA”) provides a critical safety net by allowing employees and their families to continue employer-sponsored health coverage.
More Posts