Election Day-Motion to Intervene

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7^th Circuit Court of Appeals

Case Name: Michael Bost v. Democratic Party of Illinois

Case No.: 22-3034

Officials: Easterbrook, Rovner, and St. Eve, Circuit Judges.

Focus: Election Day-Motion to Intervene

Federal law designates “[t]he Tuesday after the 1st Monday in November[] in every even-numbered year” as the official election day (2 U.S.C. 7). In contrast, Illinois law permits mail-in ballots postmarked on or before Election Day to be counted if received up to two weeks after Election Day. State Congressman Bost and two voters, who are former presidential electors, contested this extended ballot counting, arguing that it violates federal law. They filed a lawsuit against the State Board of Elections seeking to enjoin this practice.

The Democratic Party of Illinois (DPI) sought to intervene as a defendant in defense of the law, utilizing Federal Rule of Civil Procedure 24. However, the Seventh Circuit upholds the denial of DPI’s motion to intervene. DPI failed to demonstrate any inadequacy in the state’s representation of its interests, and the district court’s focus on preserving public time and resources, rather than DPI’s individual interests, was deemed reasonable and within its discretion. Nevertheless, the court allowed DPI to participate as amicus curiae if it chose to do so.

Affirmed

Decided 07/27/23

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