SCOTUS to Hear Challenge to Illinois’ Extension of Election Day

Written by David E. Smith

In a case that could have national implications for election integrity, the U.S. Supreme Court has agreed to hear Judicial Watch, Inc. et al. v. The Illinois State Board of Elections, a lawsuit brought on behalf of U.S. Representative Mike Bost (R-Murphysboro) and two presidential electors. At the heart of the case is whether Illinois acted unlawfully by allowing mail-in ballots to be counted up to 14 days after the federally established Election Day.

Filed initially in 2022, the case challenges an Illinois statute that directly conflicts with federal law, which sets the first Tuesday after the first Monday in November as the official federal Election Day. Despite this clear standard, Illinois extended its ballot-counting period by nearly two weeks—raising serious constitutional questions.

Lower courts previously dismissed the suit, claiming that Congressman Bost and the electors lacked standing. But the U.S. Supreme Court’s recent decision to hear the appeal, brought forward by Judicial Watch’s legal team, opens the door to potentially restoring much-needed uniformity and legality to our elections.

Judicial Watch argues the obvious: Candidates and electors have a vested interest in ensuring that elections are governed by lawful and fair rules. As stated in their brief,

“Candidates pour enormous resources into running for election and have an obvious interest in the rules that dictate how long their races will last and how the ballots will be counted.”

Tom Fitton, president of Judicial Watch, put it plainly:

“It is obvious that candidates have standing to challenge unlawful rules governing the elections into which they are pouring untold resources.”

This isn’t an isolated case. Across the country, Judicial Watch has been at the forefront of legal efforts to uphold federal election laws:

• In Mississippi, the courts sided with Judicial Watch in a similar case, ruling it unlawful to count ballots received after Election Day.

• In California, a federal lawsuit seeks to block the state from counting ballots seven days late, in violation of federal law.

• And here in Illinois, another Judicial Watch lawsuit is pushing to force compliance with the National Voter Registration Act (NVRA) by requiring the state to clean up its bloated and inaccurate voter rolls. Illinois Family Action is a proud plaintiff in this important case.

Over the last few years, Judicial Watch’s legal efforts have resulted in the removal of more than five million outdated or ineligible names from voter rolls across the country. This is amazing and vital work. Accurate voter rolls and adherence to federal election deadlines are not just legal technicalities—they are the backbone of ensuring public trust in our democratic process.

Conservative Christians and constitutionalists alike recognize the profound spiritual and civic consequences that come from undermining truth and transparency. Scripture reminds us, “Do not be deceived: God is not mocked, for whatever one sows, that will he also reap” (Galatians 6:7). When election laws are twisted or disregarded for convenience or political gain, the God-given gift of self-government is compromised, and public trust steadily erodes.

Now is the time for Illinois—and indeed the entire nation—to recommit to an orderly, honest, and lawful election process. This case before the U.S. Supreme Court could mark a crucial turning point in restoring that integrity.

Let us pray that truth prevails, that the majority of Justices grasp the urgency, and that they deliver a bold, unyielding decision that defends the rule of law and restores hope to our nation.