Supreme Court revives GOP congressman’s absentee ballot suit that could spur more election litigation



Thursday, January 15, 2026- The U.S. Supreme Court has revived a Republican-led lawsuit challenging state absentee ballot rules, a decision legal experts say could spark a new wave of election-related litigation across the country. 

In a 7–2 ruling, the Court said Rep. Michael Bost of Illinois and two other candidates have the legal right to sue over a state law that allows mail-in ballots postmarked by Election Day to be counted up to two weeks later. While the justices did not rule on whether the ballot deadline itself is constitutional, the decision allows the case to move forward in lower courts.

At the center of the ruling is the issue of whether candidates have a sufficient legal interest to challenge election procedures. Chief Justice John Roberts, writing for the majority, said candidates have a concrete stake in how votes are counted in their races, even if the disputed ballots may not change the outcome. 

Justices Amy Coney Barrett and Elena Kagan agreed with the outcome but favored a narrower legal rationale. In dissent, Justices Ketanji Brown Jackson and Sonia Sotomayor warned that expanding standing could flood courts with politically motivated election lawsuits and strain election officials.

The case is drawing national attention because many states, along with the District of Columbia, allow ballots received after Election Day to be counted if they are postmarked on time.

Supporters of the lawsuit argue such rules weaken election integrity, while critics say the ruling risks destabilizing election administration by encouraging challenges in nearly every competitive race. As the lawsuit proceeds, election law experts warn the decision could accelerate pre- and post-election legal battles and reshape how voting rules are contested in future election cycles.

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