Bost v. Illinois Bd. of Elections · ¶22

Judges are no better qualified to make such determinations than they are to assess a candidate's likelihood of winning or losing. Even if they could do so, this approach would still channel many disputes into postelection litigation. To bring a preelection suit, a candidate would have to plead and prove that voters who take advantage of the challenged rule will favor his rivals. Doing so while campaigning for those same voters' support is not just awkward, but politically dangerous. Particularly for new election rules, it may require divulging information about vulnerabilities that rival candidates could exploit. Faced with that prospect, many candidates are sure to wait until after votes are counted to sue.

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