Top Democrats in Illinois are applauding the U.S. Supreme Court’s ruling on Monday that will allow the state to continue to count mail-in ballots that are postmarked by Election Day.
The challenge, backed by President Donald Trump and led by the Republican National Committee, is the latest in the president’s efforts to block mail-in ballots, which he has tried to link to voter fraud. Trump is also still pushing for Congress to pass the SAVE America Act, which would ban mail ballots and also require voters to present proof of citizenship with a passport or birth certificate when they register to vote.
Federal law already requires that voters in federal elections be U.S. citizens — and there is little evidence to suggest those who lack legal status are trying to vote.
The 5-4 Supreme Court decision targeted laws in 14 states and the District of Columbia, including Illinois, which permits mailed ballots to arrive and be counted for several days after an election if they are postmarked by Election Day. There are 36 states that require absentee or mail ballots to be received on or before Election Day. The ruling is a big loss for Trump — but spares election officials from huge complications ahead of the November midterm elections.
Justice Amy Coney Barrett wrote the court’s majority opinion, joined by Chief Justice John Roberts and the three liberal justices.
Federal laws setting a single Election Day “leave open when those votes must be received,” Barrett wrote in the opinion.
In a Truth Social post, Trump called the ruling a “tremendous loss” and urged Congress to pass the SAVE America Act, which would require voters to show photo identification, proof of citizenship and ban mail-in ballots except for illness, disability, military deployment or travel.
“There is no excuse for a politician, or otherwise, to be against the above three requirements,” Trump wrote. “There is only one reason to oppose — CHEATING!”
According to the Illinois State Board of Elections, voters can apply for a mail ballot up to five days before an election, although election officials urge voters to consider applying for a ballot as early as possible. Ballots sent through the U.S. Postal Service must be postmarked on or before Election Day. Illinois allows ballots to be counted for up to two weeks after Election Day, as long as they are postmarked appropriately.
Voters can mail ballots, deliver them in person to the local election authority office or in many election jurisdictions, drop it in a secure drop box. Completed ballots are not accepted at polling places or early voting locations. And voters trying to do so are instead offered the option of surrendering their mail ballot and voting in person instead.
In Illinois, any voter who registers for the first time or has address change must bring two forms of ID to vote, one of which shows their current address. Although ID requirements vary at different locations, election authorities recommend bringing at least one form of identification in case there are any questions.
Top Illinois Democrats like Gov. JB Pritzker and Sen. Dick Durbin praised the ruling — but both are warning that Trump’s attacks on voting rights aren’t over.
Pritzker said in a statement that Trump is using “every weapon in his arsenal to attack our free and fair elections.”
“The Supreme Court ruled against him today on an asinine attempt to throw out a law that ensures mail ballots get counted, but his assault is not over,” the governor said. “We cannot look away while the most corrupt president in history attempts to rewrite our election laws to serve his own interests.”
Sen. Dick Durbin called the ruling a “victory,” but warned, “voting rights are still under attack.” He is urging Congress to pass the John Lewis Voting Rights Advancement Act, which would update and restore safeguards of the original Voting Rights Act. The measure addresses voter suppression and would ensure every voter, regardless of race or background, would have equal access to the ballot box.
The Supreme Court in April ruled that Louisiana’s 2024 congressional map was an unconstitutional racial gerrymander, essentially weakening an argument plaintiffs have used to protect against racial discrimination in voting and representation.
“To preserve the right to vote for every eligible American,” Durbin said in a statement, “Congress must take action to protect this precious right, including passing the John R. Lewis Voting Rights Advancement Act to restore and strengthen the protections of the Voting Rights Act.”