Rep. Darrell Issa sues California over mail-in ballot counting after Election Day
Rep. Darrell Issa has filed a federal lawsuit against California to stop counting mail-in ballots that arrive after Election Day, claiming it gives an unfair advantage to opponents of Republican incumbents.
Rep. Darrell Issa has filed a federal lawsuit against the state of California to prevent the counting of mail-in ballots that arrive after Election Day. Issa claims that allowing ballots to be counted up to seven days post-election gives an unfair advantage to candidates who oppose Republican incumbents. This legal action stems from the belief that the practice contributed to the loss of two Republican incumbents in the 2024 elections.
The lawsuit, filed on March 13, 2025, by the conservative advocacy group Judicial Watch, argues that California’s procedure for counting late-arriving vote-by-mail (VBM) ballots violates federal law and undermines election fairness.
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Impact of late-arriving mail-in ballots
Issa’s lawsuit points to the consequences of the extended mail-in ballot counting period, asserting that it played a direct role in the defeat of Republican representatives in the 2024 election. The congressman, who is preparing for a potential re-election campaign in 2026, states that the practice of counting ballots received after Election Day places his chances of victory at risk.
Although Issa acknowledges that late ballots may not have directly impacted his own race, he claims that a poor electoral performance, regardless of the outcome, could damage his reputation and public image. According to the lawsuit, such results could lead to the perception that California voters are turning away from his political platform.
California Secretary of State defends election laws
In response to the lawsuit, California Secretary of State Shirley Weber, who is named in the legal complaint, has vowed to vigorously defend the state’s election laws. In a statement, she emphasized the importance of ensuring every voter’s right to have their ballot counted, including those who mail in their votes close to or after Election Day.
“We will continue to protect the integrity of California’s election system,” Weber remarked, reinforcing the state’s commitment to fair elections.
The larger debate over mail-in voting
The lawsuit reflects the ongoing national debate over mail-in voting and the rules surrounding ballot counting after Election Day. Advocates for expanding mail-in voting argue that it enhances voter accessibility, especially for those unable to vote in person on Election Day. Critics, including Issa, contend that extended deadlines create opportunities for election interference and unfair advantages for political opponents.
Issa’s lawsuit underscores the broader concern about the potential impact of late mail-in ballots on future elections, particularly in highly competitive races. With his eyes set on the 2026 re-election, Issa is calling for changes to ensure a more level playing field for all candidates.