WASHINGTON (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 Rep. Mike Bost, R-Ill. has the legal right to challenge the law, even though the ballots likely had little effect on a race he won handily.
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 Supreme Court will also consider the broader issue of whether states can continue to count late-arriving mail ballots in the spring.
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.
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