Eye On Illinois: Challenge to mail-in ballot counting deadline hits another roadblock

Always read the decision.

If you’re at all interested in government or politics, or at least topics grabbing the biggest, boldest headlines, it’s worth becoming familiar with reading judicial decisions.

No disrespect to my colleagues in the reporting and journalistic analysis communities, but when I saw last week’s headlines about U.S. Seventh Circuit Court of Appeals rejecting a challenge to Illinois’ mail-in voting rules, I didn’t want a summary, I wanted the actual words of the actual judges.

These writings are especially informative when, as in this instance, the ruling isn’t unanimous. The 21-page opinion is available at tinyurl.com/7thCircuitMail. Judge John Lee wrote the majority, joined by Judge Michael Brennan, while Judge Michael Scudder dissented.

Lee and Brennan didn’t get to the heart of plaintiffs’ 2022 claims about a 2015 state law conflicting with federal rules, but sided with U.S. District Judge John Kness that plaintiffs – notably U.S. Rep. Mike Bost, R-Murphysboro – didn’t have legal standing to sue because any legal harms they might suffer while mail-in ballots are counted isn’t unique but apply to everyone on the ballot.

When the panel heard arguments on the case a few months ago, I noted it was Scudder who observed that many other states allow counting of mail-in ballots after Election Day. He specifically said Congress acknowledges and respects how “some states have receipt deadlines that postdate Election Day,” something I inferred as an indirect shot at Bost, who has been serving in Congress the entire time the challenged state law has been on the books.

But while Scudder agreed with his colleagues on standing, he spent seven pages sticking up for Bost on one point: the expense of spending a good chunk of November making sure everything is above board.

“To ensure that all mail-in ballots were accurately tallied, Congressman Bost had to recruit, train, assign and coordinate poll watchers and keep his headquarters open for an additional two weeks,” Scudder wrote. “This took substantial time, money, and resources.”

Scudder said that investment gave Bost a personal stake in the matter sufficient to warrant further hearing of his complaint.

But there are 17 Congressional districts in Illinois and multiple candidates in nearly every 2024 race, many of which involve incumbents who have served longer than Bost. The rules are the same for everyone and have been for years, all while Congress consistently bypassed opportunities to federalize state elections.

It was Bost who, in a Jan. 7, 2021, explanation for opposing certification of Electoral College votes from Pennsylvania and Arizona, said “The Constitution is clear: state legislatures set the rules for states in conducting their elections.”

Until that changes, judicial opinions will continue to find ways to punt on subverting established parameters.

• Scott T. Holland writes about state government issues for Shaw Local News Network. Follow him on X @sth749. He can be reached at sholland@shawmedia.com.