This week the U.S. Supreme Court agreed to hear a case that challenges an Illinois law requiring state election officials to count mail-in ballots received two weeks after Election Day.
Six-term Rep. Mike Bost, an Illinois Republican, is seeking to reverse a decision of the U.S. Court of Appeals for the Seventh Circuit in a lawsuit filed on behalf of him and two Illinois presidential electors.
The lawsuit was initially filed on May 25, 2022, and is one of a series of cases filed by Judicial Watch, a Washington, D.C.-based nonprofit, seeking to exclude votes received after Election Day.
The U.S. Constitution provides that the states shall determine the time, place, and manner of conducting elections. However, Election Day is Election Day. Federal law defines Election Day for federal elections as the first Tuesday after the first Monday in November of every even-numbered year.
Unfortunately, the high court will probably not rule on the merits of the case. Bost is appealing the lower court’s opinion that he lacked standing to bring the lawsuit, because it’s unlikely that he would suffer any harm from the Illinois law.
Even if the Supreme Court doesn’t get to the case’s merits, it’s at least a first step for the high court to rule on an issue that has rankled Republicans since at least the 2020 presidential election.
Tom Fitton, Judicial Watch’s president, was encouraged by the court’s decision.
“It is an injustice that the courts would deny a federal candidate the ability to challenge an election provision that could lead to illegal votes being cast and counted for two weeks AFTER Election Day,” said Fitton in a statement.
“The Supreme Court’s decision to hear this case is a critical opportunity to uphold federal law, protect voter rights, and ensure election integrity. Illinois’ 14-day extension of Election Day thwarts federal law, violates the civil rights of voters, and invites fraud.”
The initial complaint in the lawsuit alleges, in part, that “Despite Congress’ clear statement regarding a single national Election Day, Illinois has expanded Election Day by extending by 14 days the date for receipt and counting of vote-by-mail ballots.”
Judicial Watch also observed that at least one other U.S. judicial circuit agrees with the legal theory that their cause of action is based on.
“The Court of Appeals for the Fifth Circuit recently ruled in another Judicial Watch lawsuit, filed on behalf of the Libertarian Party of Mississippi, that counting ballots received after Election Day is unlawful.”
Yesterday was a banner day at the Supreme Court for conservatives, which should give Fitton and Judicial Watch more encouragement. The court ruled that:
All of the cases were decided unanimously, 9-0, and each opinion was written by a liberal court member.
Back in the day, before we had fancy election machines, everyone voted on one day — Election Day. There was no such thing as early voting.
That night we turned on the Eleven O’clock News to find out if our guy (or gal) won. But if he lost we still trusted the process, we accepted the results.
Since then, Election Day has turned into Election Week, and in some instances (we’re looking at you, Arizona) Election Month before we know the results.
All this does is instill distrust in election results, and promote phrases like “the big steal.”
When our team loses a football game in overtime, we’re disappointed but we accept the outcome because we can see the action for ourselves. When our candidate loses in overtime — especially when overtime extends for weeks behind closed doors — we have no reason to trust the result.
As overtime vote-counting becomes more common, that makes it more critical for the Supreme Court to take up this issue. This week’s decision was an important first step.
Michael Dorstewitz is a retired lawyer and is a frequent contributor to Newsmax. He's also a former U.S. Merchant Marine officer and a Second Amendment supporter. Read Michael Dorstewitz's Reports — More Here.
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