News

Supreme Court revives GOP congressman’s challenge to late-arriving mail ballot law

Supreme Court revives GOP congressman’s challenge to late-arriving mail ballot law

The Supreme Court is seen during oral arguments over state laws barring transgender girls and women from playing on school athletic teams, Tuesday, Jan. 13, 2026, in Washington. Photo: Associated Press/Julia Demaree Nikhinson


Washington, D.C. (AP) – The Supreme Court on Wednesday revived a Republican challenge to a law that allows the counting of late-arriving mail ballots, a target of President Donald Trump.

The high court ruled 7-2 that candidates like Rep. Mike Bost, R-Ill. have the legal right to such challenges, even if the ballots have little effect on the race.

“Win or lose, candidates suffer when the process departs from the law,” Chief Justice John Roberts wrote in the opinion.

The justices reversed lower court rulings tossing out the case, but didn’t decide the underlying claims. The Supreme Court will hear another case on the the broader issue of late-arriving mail ballots this spring.

Two justices, Amy Coney Barrett and Elena Kagan, agreed with the outcome but would have decided the case more narrowly. Two others, Justice Ketanji Brown Jackson and Justice Sonia Sotomayor, dissented.

Bost appealed after lower courts tossed out the suit, ruling that Bost lacked legal standing because any ballots that arrived after election day had little impact on his lopsided win.

The state had argued that allowing the lawsuit would open the floodgates for more election litigation and “cause chaos” for election officials. Bost said vote-total considerations shouldn’t affect his ability to come to court.

The Illinois law allows ballots postmarked by Election Day to be counted if they are received up to two weeks later. More than a dozen states, as well as the District of Columbia, accept mailed ballots received after Election Day as long they are postmarked on or before that date, according to the National Conference of State Legislatures.

The Trump administration weighed in to support Bost. The Republican president has asserted that late-arriving ballots and drawn-out electoral counts undermine confidence in elections.

___

Follow the AP’s coverage of the U.S. Supreme Court at https://apnews.com/hub/us-supreme-court.

Recent Headlines

11 hours ago in Sports

Oregon QB Dante Moore says he’ll return to the Ducks rather than declare for the NFL draft

Oregon quarterback Dante Moore has decided to return to the Ducks next season rather than declare for the NFL draft. Moore, 20, announced his decision on Wednesday on ESPN.

11 hours ago in Sports

Dell Curry is getting his No. 30 jersey retired by Charlotte in March

The Charlotte Hornets announced Wednesday that Dell Curry — the father of Stephen and Seth Curry — will get his No. 30 retired in a ceremony on March 19 when the team plays host to the Orlando Magic.

11 hours ago in Entertainment

Actor Michael Keaton is named Man of the Year by Harvard’s Hasty Pudding Theatricals

Actor Michael Keaton has been named 2026 Man of the Year by Harvard University's Hasty Pudding Theatricals. The theater group, which dates to 1844 and claims to be the world's third-oldest still operating, announced Wednesday that Keaton will receive his Pudding Pot award at a celebratory roast Feb. 6.