BALLOT

Issues

This case asks the Supreme Court to determine whether federal political candidates generally, and Michael Bost specifically, have Article III standing to challenge state election laws. In particular, the parties are asking the Court to identify the appropriate legal standard to establish Article III standing with respect to political candidates. Petitioners, Michael Bost, et al. (“Bost”), argue that political candidates meet the injury in fact requirement of standing because candidates are harmed by the possibility of losing an election, by their participation in an illegitimate election, and by the divergence of funds used to maintain an extended campaign. Respondents, the Illinois State Board of Elections, et al. (“Illinois”), counter that candidates cannot meet this requirement by simply asserting a risk of losing an election but instead must provide evidence that the risk of individual harm is substantial. A decision in favor of Bost would likely reduce standing requirements for political candidates, making it likely that more candidates will bring lawsuits challenging election laws. A decision for Illinois would make it more difficult for political candidates to bring suit, and if evidence of changed election outcomes is required, litigation surrounding election laws may be pushed until after elections take place, leading to uncertain and even overturned election results. 

Questions as Framed for the Court by the Parties

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Issues

In this case the Supreme Court will consider how federal election-day statutes impact state laws that allow for the counting of ballots received after Election Day. Currently, Mississippi allows mail-in ballots sent by Election Day and received at the appropriate location within five business days to be counted. Mississippi Secretary of State Michael Watson argues that the act of marking and submitting a ballot constitutes a voter’s conclusive choice, or the casting of their ballot, and therefore Mississippi’s practice of receiving ballots after Election Day remains valid because ballots are still cast by Election Day. The Republican National Committee contends that Mississippi’s election laws violate federal election laws, because an election is only complete when all ballots are received, and thus receiving ballots later extends the election past the federally required Election Day deadline. The ruling could have major impacts on federal elections, as it would affect election practices in twenty-eight states, impact the feasibility of elections for both voters and administrators, and could further polarize issues of election integrity. 

Questions as Framed for the Court by the Parties

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