(Alexandria, VA) January 16, 2026 – The U.S Supreme Court in Bost v. Illinois (No. 24-568) found political candidates have a legal right (standing) to challenge state election laws in court.
Writing in a concurring opinion Justice Barrett joined by Justice Kagan said, “While I agree with the Court that Congressman Bost has standing, I disagree with its reasoning. In my view Congressman Bost has standing because he has suffered a traditional pocketbook injury, not because of his status as a candidate.”
“We agree pocketbook injuries create standing for sure,” said J. Christian Adams President of the Public Interest Legal Foundation (PILF). “Political candidates should exhibit some type of financial risk such as the additional cost of running a campaign weeks after Election Day has passed.”
PILF filed an Amicus briefs in the case, urging the Court to find standing. The Public Interest Legal Foundation also litigated a similar issue in North Dakota and has been seeking to enforce federal law that requires ballots to be cast by Election Day.
“As our brief stated, by connecting standing to a concrete position which makes a potential plaintiff uniquely vulnerable to an injury caused by state laws, challenges to election laws will be brought by individuals who will actually suffer an injury if the challenged law is found to be unconstitutional,” Adams said.
The concurrence clearly states pocketbook harm is a traditional Article III injury which would enable standing requiring a party show they have an actual injury or dispute — not just be a bystander.
Congressman Bost is challenging an Illinois law allowing mail-in ballots to be counted 14 days after the polls close, as long as the envelope is date-stamped on or before Election Day.
The Court reversed the opinion in the U.S. Court of Appeals for the Seventh Circuit and remanded the case for further proceedings.
The Public Interest Legal Foundation (PILF) is the nation’s only public interest law firm dedicated wholly to election integrity. The Foundation exists to assist states and others to aid the cause of election integrity and fight against lawlessness in American elections. Drawing on numerous experts in the field, PILF seeks to protect the right to vote and preserve the Constitutional framework of American elections.
###