Supreme Court poised to revive GOP congressman’s absentee ballot suit that could spur more election litigation

Rep. Michael Bost walks up the House steps for a vote in the US Capitol on May 12, 2022. Bill Clark/CQ-Roll Call, Inc./Getty Images/File

A majority of the Supreme Court on Wednesday indicated it will back a Republican congressman from Illinois who is challenging a state law that allows mail ballots to be received after Election Day , a decision that would let him proceed with a potentially explosive lawsuit that lower courts had rejected.

Rep. Michael Bost’s appeal at the Supreme Court isn’t focused on the ballot issue itself but rather it raises the question of whether federal candidates may sue over election regulations — even if, as in Bost’s case, they represent a safe district and are highly favored to win election.

Though technical, the case could have sweeping implications fo