Carbondale Reporter

U.S. Representative Mike Bost (R-IL) has recently addressed his lawsuit against the Illinois State Board of Elections in a Facebook post. The representative, who defeated former State Senator Darren Bailey in the primary election, is set to compete against Democrat Brian Roberts in the forthcoming general election.

"Many of you remember the lawsuit I filed with Judicial Watch against the Illinois State Board of Elections regarding vote-by-mail ballots being counted two weeks after Election Day," said Michael J Bost, Congressman, according to Facebook. "Today, there are oral arguments before the 7th Circuit. I am continuing to do all I can to ensure the integrity of our elections is preserved. Votes are tallied on Election DAY - not Election MONTH!"

According to a memorandum and opinion filed by Judge John F. Kness in July 2023, Bost lodged a lawsuit against the Illinois State Board of Elections. He claimed that the Illinois Ballot Receipt Deadline Statute obliges him to expend resources and time on campaigning post-election day. The memo also highlighted that Bernadette Matthews, the executive director of the Illinois State Board of Elections, and the board itself were plaintiffs who had filed a motion to dismiss.

Screenshot of MIke Bost's March 27 Facebook post. | MIke Bost Campaign Facebook page

The defendants contended that Bost and his fellow plaintiffs lacked standing to sue. They argued that their vote dilution claim was not sufficiently concrete or particularized to confer standing. Specifically concerning Bost, he alleged that enforcing the ballot receipt deadline and compelling him to campaign for an additional two weeks infringes upon his right to stand for office.

Kness approved the motion to dismiss for three reasons detailed in his order's conclusion. "Plaintiffs lack standing to sue, the Eleventh Amendment is a bar to suit, and the Complaint fails to state a claim upon which relief can be granted. Defendants' motion to dismiss is therefore granted, and the case is dismissed," Kness wrote.

U.S. Circuit Judge John Lee pointed out that Bost had won more votes than mail-in ballots cast in both 2020 and 2022 general elections. He raised questions about whether Bost would have been affected at all.

Bost has held office since 2014 as an incumbent in Illinois’ 12th Congressional District election; he served in the Illinois House of Representatives from 1994-2015, according to Ballotpedia. Notably, U.S. House Speaker Mike Johnson, former President Donald Trump, and Elise Stefanik, chair of the U.S. House Republican Conference, have endorsed Bost, as reported by Ballotpedia.