To Stop Counting of Ballots Received After Election Day Plaintiffs Include Member of Congress Judicial Watch announced today it filed a federal lawsuit against Illinois on behalf of Congressman Mike Bost and two other registered Illinois voters to prevent state election officials from extending Election Day for 14 days beyond the date established by federal law (Rep.Michael J. Bost, Laura Pollastrini, and Susan Sweeney v. The Illinois State Board of Elections and Bernadette Matthews (No. 1:22-cv-02754)).
Judicial Watch argues that Illinois election law violates federal law, which defines Election Day as “the first Tuesday after the first Monday in November of every even-numbered year.” The complaint states:
Despite Congress’ clear statement regarding a single national Election Day, Illinois has expanded Election Day by extending by 14 days the date for receipt and counting of vote-by-mail ballots
Judicial Watch points out that the current Illinois election law allows vote-by-mail ballots received up to 14 days “after the polls close on Election Day” to be counted as if they were cast and received on or before Election Day. Illinois law also provides that “[e]ven vote-by-mail ballots without postmarks shall be counted if received up to 14 calendar days after Election Day if the ballots are dated on or before Election Day.”