Case Summary
LWV, LWVIL, and co-amici filed an amicus brief in the U.S. Supreme Court on standing doctrine in a challenge to Illinois’ mail voting law by Congressman Mike Bost. The brief argued that Congressman Bost should have the right to bring his challenge, even if his arguments on the merits were incorrect. The League and its co-amici argued that, like Congressman Bost, organizations like the League should have access to seek redress from the courts when they are harmed by election laws that cause them to divert resources.
On May 22, 2022, the representative for Illinois’ 12th Congressional District, Michael Bost, and two others filed a federal lawsuit against the Illinois State Board of Elections (ILSBE). They alleged the state’s mail-in ballot receipt deadline violated federal law, which sets Election Day for federal offices on the first Tuesday in November. Illinois allows mail-in ballots to be received and counted for up to 14 days after Election Day if the ballot is postmarked by Election Day. The plaintiffs argued the ballot receipt deadline extends Election Day and dilutes the votes cast before Election Day ends. Congressman Bost and his co-plaintiffs asked the court to prohibit Illinois election officials from counting mail-in ballots received after Election Day.
On July 26, 2023, the district court dismissed the case for lack of jurisdiction. The court held that the plaintiffs were not sufficiently injured by the mail-in ballot receipt deadline law. Thus, the plaintiffs did not meet the requirements needed to bring the case. The plaintiffs appealed to the United States Court of Appeals for the Seventh Circuit. On August 21, 2024, the Seventh Circuit affirmed the lower court’s ruling. It agreed that the plaintiffs did not have standing to sue because there was no concrete injury to the plaintiffs.
On November 19, 2024, the plaintiffs filed a petition for writ of certiorari with the United States Supreme Court. On June 2, 2025, the Supreme Court granted the petition, agreeing to hear the case in the 2025 term solely on whether the plaintiffs had standing to sue and not whether the mail ballot receipt deadline was illegal.
On July 29, 2025, the League of Women Voters (LWV), the League of Women Voters of Illinois (LWVIL), the American Civil Liberties Union (ACLU), the ACLU of Illinois (ACLU-IL), and the Rutherford Institute filed an amicus brief in the U.S. Supreme Court. The brief argued in favor of finding the plaintiffs had the standing to sue, even if the amici totally disagreed with the plaintiffs on the legality of the mail ballot receipt deadline.
In this case, the type of organizational standing at issue is “diversion of resources” standing. Political candidates can be concretely injured based on diversion of campaign resources in the same way that organizations like the League are injured when they experience economic damage due to anti-voter laws that force them to divert their resources to another area. Under the League’s argument, the courthouse should be open to any plaintiff who experiences a concrete, tangible economic injury due to a law.
LWV and LWVIL are represented in this matter by the ACLU.
LWV Timeline
Congressman Michael Bost files lawsuit
Bost files a complaint against the IL State Board of Elections in federal court in Illinois, alleging the post-election receipt deadline for mail ballots postmarked by Election Day is illegal under federal law.
District court issues opinion
The district court dismisses the case for lack of standing.
Plaintiffs appeal dismissal
The plaintiffs file an appeal in the United States Courts of Appeals for the Seventh Circuit, asking for reversal of the dismissal.
Seventh Circuit issues opinion
A three-judge panel of the Seventh Circuit affirms the lower court’s decision that plaintiffs lack standing to sue.
Plaintiffs file petition writ of certiorari
Plaintiffs file a petition for a writ of certiorari and ask the Supreme Court to hear their case and reverse the lower court decisions.
Supreme Court grants petition
The U.S. Supreme Court grants the petition and agrees to hear the case.
LWV and LWVIL file amicus brief
LWV, LWVIL, and co-amici file an amicus brief in the U.S. Supreme Court in support of diversion of resources standing.
Supreme Court hears oral argument
The United States Supreme Court hears oral argument in the case. The League's amicus brief is referenced during the argument.
United States Supreme Court issues opinion
In a 7-2 ruling, the United States Supreme Court rules that Congressman Bost has standing to sue.