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Lawsuit Challenging Illinois Counting LATE Ballots

(Washington, DC) – Judicial Watch announced that a court hearing will held before U.S. District Court Judge John F. Kness on Wednesday, December 7, in the case filed on behalf of Congressman Mike Bost and two other registered Illinois voters to prevent state election officials from extending Election Day for 14 days beyond the date established by federal law (Rep.Michael J. Bost, Laura Pollastrini, and Susan Sweeney v. The Illinois State Board of Elections and Bernadette Matthews (No. 1:22-cv-02754)).

The lawsuit filed on May 25, 2022.

The hearing will be held:

Date: Wednesday, December 7, 2022

Time: 9:00 am CT, 10 am ET

Location: Everett McKinley Dirksen Courthouse

219 S. Dearborn St, Chicago, IL

Courtroom 1725

On November 11, 2022, Judge Kness rejected a motion by Democratic Party of Illinois to intervene as a defendant in Judicial Watch’s lawsuit challenging the Illinois election law permitting mail-in ballots to be received as long as two weeks after Election Day.

Federal law defines Election Day as “the first Tuesday after the first Monday in November of every even-numbered year.” The initial complaint states: “Despite Congress’ clear statement regarding a single national Election Day, Illinois has expanded Election Day by extending by 14 days the date for receipt and counting of vote-by-mail ballots.”

Judicial Watch points out that the current Illinois election law allows vote-by-mail ballots received up to 14 days “after the polls close on Election Day” to be counted as if they were cast and received on or before Election Day. Illinois law also provides that “[e]ven vote-by-mail ballots without postmarks shall be counted if received up to 14 calendar days after Election Day if the ballots are dated on or before Election Day.”

Christine Svenson, Esq., of Svenson Law Offices in Palatine, Illinois, is assisting Judicial Watch with the lawsuit.


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