Bost v. Illinois Bd. of Elections · ¶5

Illinois law requires election officials to count mail-in ballots postmarked or certified no later than election day and received within two weeks of election day. Ill. Comp. Stat., ch. 10, §§ 5/18A–15(a), 5/19–8(c) (West 2022). In May 2022, Congressman Michael Bost and Presidential elector nominees Laura Pollastrini and Susan Sweeney (petitioners) sued the Illinois State Board of Elections and its executive director (respondents), claiming that counting ballots received after election day violates federal law. They principally contended that doing so conficts with 2 U. S. C. § 7 and 3 U. S. C. § 1, which set election day as the Tuesday following the first Monday in November.

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