San Diego, CA – Congressman Darrell Issa (R-CA) has filed a lawsuit against the state of California, challenging its practice of counting mail-in ballots that arrive after Election Day. The lawsuit, which has gained support among many Californians, aims to enforce stricter election integrity measures by requiring all ballots to be received by the close of polls on Election Day.
Rep. Issa argued that California’s current law, which allows ballots postmarked by Election Day to be counted if they arrive within seven days after the election, undermines public trust in the electoral process. He contends that extending the ballot-counting period beyond Election Day creates uncertainty, allows potential manipulation, and prevents timely election results.
“We cannot allow elections to drag on for days or even weeks after the fact. The people deserve immediate and accurate results, not a drawn-out process that erodes confidence in the system,” Issa stated in a press release.
The lawsuit claims that California’s extended counting process violates federal election law, which sets a uniform national Election Day. Issa and his legal team argue that allowing ballots to be counted after the official deadline effectively extends the election, creating inconsistencies across jurisdictions.
Under California law, every registered voter receives a mail-in ballot automatically. As long as the ballot is postmarked by Election Day, it can still be counted if received within seven days. This policy was initially introduced during the COVID-19 pandemic to ensure voter access and has since been made permanent.
State officials defend the policy, arguing that it ensures that every vote cast by the legal deadline is counted, particularly for voters in rural areas, military personnel overseas, and those impacted by mail delivery delays.
Supporters of Issa’s lawsuit, including election integrity advocates, argue that the practice of counting ballots after Election Day undermines public faith in the process. They cite instances where Republican candidates led on Election Night, only to see their margins shrink as late-arriving ballots were counted in the following days.
Former Trump administration officials and conservative watchdog groups have echoed Issa’s concerns, calling for uniform election laws that mandate all ballots be received by Election Day.
On the other hand, California election officials and Democratic leaders have pushed back against Issa’s claims, calling the lawsuit an attempt at voter suppression. Secretary of State Shirley Weber stated, “California’s election laws are designed to make voting accessible for all eligible citizens. This lawsuit is an effort to limit participation and discard legally cast ballots.”
If successful, Issa’s lawsuit could force California to change its election laws and require all ballots to be received by Election Day.
The lawsuit has been filed in federal court, and proceedings will begin in the coming weeks. Both sides are preparing for a high-profile legal battle that could have far-reaching implications for how future elections are conducted in California and beyond.