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California sued over mail-in ballot rules—Rep. Issa claims ‘unfair advantage’ for opponents

Jacob Shelton March 16, 2025

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(Image Credit: IMAGN) A poll worker looks over a mail-in ballot on the campus of California State University San Bernardino in Palm Desert, Calif., on Tuesday, November 5, 2024.

San Diego, California – U.S. Rep. Darrell Issa has filed a federal lawsuit against the state of California, challenging the state’s practice of counting mail-in ballots received up to seven days after Election Day. Issa alleges that this policy provides an “unfair electoral advantage for opponents of Republican congressional incumbents.”

The lawsuit, filed Thursday by the conservative advocacy group Judicial Watch on Issa’s behalf, claims that the extended ballot counting period violates federal law and directly contributed to the defeat of two Republican incumbents in the previous election.

The complaint names California Secretary of State Shirley Weber as the defendant. Weber responded with a statement, saying, “I will vigorously defend California’s commonsense election laws and safeguard every voter’s right to have their ballot counted.”

Issa, a longtime Republican congressman, stated in the lawsuit that he intends to seek re-election in 2026 and “faces a material risk that he may lose future elections due to these unlawful ballots.”

Furthermore, the complaint asserts that “Even if late-arriving VBM ballots in 2026 do not result in his defeat, Plaintiff is injured when an electoral performance is seen as less impressive. An unimpressive result leads to the public perception that California voters are turning away from Plaintiff’s message and platform.”

In a press release issued by Judicial Watch, Issa said, “California voters need all the help they can get to ensure fair elections.”

The lawsuit focuses on California’s policy of accepting and counting mail-in ballots that are postmarked on or before Election Day and received within seven days afterward. Issa and Judicial Watch argue that this extended period allows for potential manipulation and undermines the integrity of the electoral process.

The legal challenge raises questions about the balance between ensuring voter access and maintaining election integrity while highlighting the longstanding and ongoing debate about mail-in voting and its impact on election outcomes.

This lawsuit is definitely going to have serious repercussions for future elections in California, specifically in terms of how mail-in ballots are processed and counted.

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