The Supreme Court seemed poisD to embrace new rules that would give candidates for federal office the chance to challenge election rules in court well before votes are cast, a move that could give Republicans more room to confront Democratic states’ mail-in ballot laws. It should be illegal.
The justices heard oral arguments on a case from Rep. Mike Bost, a Republican who was denied the chance to challenge Illinois’ law allowing mail-in ballots to be counted up to two weeks after Election Day. Lower courts ruled he didn’t have legal standing to sue because he couldn’t show he was particularly injured by the law. Most of the justices seemed dismayed by that argument. They said giving candidates at least some chance to sue seemed reasonable.
“I’m sort of in sympathy with the view that this bar should not be all that high,” said Justice Elena Kagan, an Obama appointee to the high court. Republican- and Democratic-led states alike have pushed significant changes in voting rules in recent years, spurring a flood of lawsuits in federal courts.
Paul Clement, Mr. Bost’s attorney, said Democrats can sue more easily because they can usually find a voter who claims to be put out by Republican-led states’ moves to tighten rules. He said it’s tougher for Republicans to challenge when a Democratic-led state loosens the rules. Giving candidates the power to sue would level that playing field to some extent.
