ISSA SUIT AGAINST CALIFORNIA SEEKS TO STOP COUNTING OF BALLOTS AFTER ELECTION DAY

League of Women Voters, groups representing veterans and seniors, and Issa’s Democratic opponent Curtis Morrison all oppose action in court

By Miriam Raftery

April 20, 2025 (San Diego) – Rep. Darrell Issa, a Republican representing the 48^th Congressional district, has filed a lawsuit against California Secretary of State Shirley Weber. The suit, Issa v.Weber, seeks to halt California’s decade-long practice of allowing mail-in ballots to be counted up to a week after an election, provided they were postmarked by Election Day.

Ballots at risk of not being counted include many cast by military members deployed overseas, as well as seniors and others who rely on mail-in ballots.  Motions to intervene in the suit have been filed by organizations representing veterans, women, voters, and by Issa’s political opponent.

Issa claims counting ballots after Election Day provides “an unfair electoral advantage for opponents of Republican Congressional incumbents.” Rep. Issa, who says he plans to run for reelection in 2026, also claims he “faces a material risk that he may lose future elections due to these unlawful ballots,” even though he has won several elections previously under the current California law. Issa’s suit was filed on his behalf by Judicial Watch, a conservative organization.

But multiple opponents of the lawsuit suggest it's a form of voter suppression.

The League of Women Voters, in its motion to intervene, says that Issa, based on a  “meritless theory” is asking the Court to “override state law  and put in place a rule that could wrongfully disenfranchise hundreds of thousands of California voters.”

“Vet Voice is extremely concerned that Congressman Issa’s challenge, if successful, will make it harder for its supporters and constituents—active duty servicemembers, veterans, and their families—to successful cast a mail ballot in California,” the suit states.

The California Alliance for Retired Americans claims, similarly, that if Issa’s suit is successful, its members “will face a heightened riskof having their mail ballots rejected.”

Curtis Morrison, a Democrat running against Issa, was the first to file a motion  to intervene as a party with a stake in the case. Morrison, an attorney, contends that as a candidate, he could be harmed if all votes are not counted.

 Issa filed an opposition to Morrison’s motion. Morrison calls it “comical that Issa thinks he can use the courts to determine whose votes are counted, but also that his political opponent should not be allowed to be a party in that suit...He’s not about a fair process. All that matters to him is winning so he can maintain his role as a Trump cheerleader.”

All four motions to intervene will be heard on May 16 at 2 p.m. in federal court in San Diego before Judge Andrew Schopler.