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

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.
Success Story - Strategic Defense in Probate Property Dispute
By Probate Litigation April 27, 2026
In a contentious probate matter involving a disputed deed to residential property, our client, the administrator of the estate, seeks to recover assets after the deed was recorded by the decedent’s neighbor.
Major life events, shifts in financial status, and changes in the law can affect your estate plan.
By Heather A. McCollum and Gabriel P. Kokoszka April 14, 2026
Major life events, shifts in financial status, and changes in the applicable law can all affect your estate plan, and those changes may require you to make some edits to your documents. So, this spring, dust off your estate plan and consider the following 8 circumstances that signal an update is needed.
IRS Announces Filing Season is Progressing Smoothly
By Timothy M. Hughes April 10, 2026
The Internal Revenue Service recently announced that it is seeing the 2026 filing season have a rise in tax refunds. With the April 15th deadline approaching, the IRS stated that there is a smooth pace at which taxpayers are getting their refunds, with the high use of electronic filing.
Join our session to learn legal tips for successfully launching or growing a business!
By Lavelle Law April 3, 2026
Launching or growing a business? Don’t get tripped up by the legal stuff that can make or break you. Join us for this free seminar on May 13, 2026, and learn key legal tips for entrepreneurs.
Experienced business attorney Kerry Lavelle breaks down the three main avenues for buying a business
By Kerry M. Lavelle March 24, 2026
Thinking about buying a business? There’s more than one way to do it, and choosing the right path can save you time, money, and headaches. In this video, experienced business attorney Kerry Lavelle breaks down the three main avenues for buying a business, along with the pros and cons of each.
Lessons from the Chance the Rapper Manager Dispute
By Anthony V. Letto March 19, 2026
A lawsuit involving Chance the Rapper and his former manager, Pat Corcoran, highlights a costly lesson for businesses, creatives, and entrepreneurs alike: handshake deals can lead to million-dollar disputes.
Lavelle Saves Client $330K with Strategic Timing and Collaboration
By Tax Group March 18, 2026
Our client was haunted by non-dischargeable federal tax liabilities of over $400K from a business venture. After strategic timing and working with our Bankruptcy team, $330K was written off by the IRS before we filed Chapter 7 for the client, and he suffered no adverse results from the four-month delay.
Join Lavelle Law on April 9, for our Business After Hours!
By Team Lavelle March 13, 2026
Play Ball with Lavelle Law on April 9! Step up to the plate and join our annual Business After Hours event, hosted in the friendly confines of our Schaumburg office. Bonus points: Feel free to rock your favorite baseball team’s gear and show off your fandom while you’re at it! Free event for SBA members!
More Posts