An unusual feature of Illinois election law is that it allows mail-in ballots to be counted if they arrive up to 14 days after the polls have closed.

However, a conservative watchdog group is now calling upon Supreme Court justices to change that rule. 

Absentee ballot law challenged by congressman

According to Capitol News Illinois, an organization known as Judicial Watch filed an appeal with America's highest judicial body earlier this month.

At issue is a lawsuit which was filed in 2022 by Illinois Republican Rep. Mike Bost challenging the 14-day-rule for absentee ballots.

Bost was joined in the case by Laura Pollastrini and Susan Sweeney, both of whom served as delegates for Illinois at this year's Republican National Convention in Milwaukee.

The lawsuit argues that by allowing votes to be counted for two additional weeks, Illinois is violating the federal law which establishes Election Day as being the Tuesday following the first Monday in November.

U.S. 7th Circuit Court ruled against lawmaker

Two courts have already ruled against Bost, with the U.S. 7th Circuit Court of Appeals finding in August that the lawmaker lacks standing to sue.

While Bost maintained that he suffered damages as a result of having to expend campaign resources on monitoring post-election ballot counting, the 7th Circuit ruled that he had engaged in such activity by "choice."

The judges pointed out that Bost was well on his way to winning a comfortable victory, but Judicial Watch countered that this constituted a "major error" as it suggests that "judges in pre-election cases must now try to predict electoral outcomes."

"It is a scandal that the courts would deny a federal candidate the ability to challenge an election provision that could lead to illegal votes being cast and counted," Judicial Watch declared in a press release.

Judicial Watch calls current law "a great way to invite fraud"

"Illinois’ 14-day extension of Election Day thwarts federal law, violates the civil rights of voters, and invites fraud," the watchdog group continued.

UPDATE: Supreme Court Asked to Protect Election Integrity! @TomFitton
READ: https://t.co/5rY0p8R52d pic.twitter.com/JL2BGKey5c

— Judicial Watch ⚖️ (@JudicialWatch) November 26, 2024

"The Supreme Court should take up this case and reaffirm the right of federal candidates to challenge unlawful election schemes," it went on to add.

Judicial Watch president Tom Fitton reiterated that message in a statement to the Washington Examiner, saying, "Counting ballots after election day is a great way to invite fraud and it undermines confidence in elections and it’s downright illegal."