Case Summary
LWVC moved to intervene to defend voters and its members after a sitting congressman filed a lawsuit to shorten California’s mail ballot receipt deadline and to block counting mailed ballots received after Election Day. California currently allows mail ballots to count if received by elections officials up to seven days after Election Day, so long as they were postmarked by Election Day. Congressman Darrell Issa had filed a federal lawsuit, asserting federal law preempted this deadline and mandated all mail ballots be received by Election Day to count.
California allows mail ballots to count if they are postmarked by Election Day and are received by election officials up to seven days after Election Day. Currently, fourteen states and Washington D.C. allow mail ballots to be counted even if they arrive after Election Day if certain conditions are met.
On March 13, 2025, Republican Congressman Darrell Issa filed a lawsuit in the United States District Court for the Southern District of California alleging the state’s mail ballot receipt deadline was preempted by the federal law setting a single national election day for federal offices. The congressman argued that accepting mail ballots after Election Day, even when they were postmarked by that day, constituted extending the election beyond what was permitted by federal law, which prescribed a specific election day for congressional elections, but did not mandate an election day deadline for receiving postmarked mail ballots. Under Issa's argument, because Congress has the power to set a time for congressional elections, the state law conflicted with the federal statute doing so and was therefore invalid. Rep. Issa requested that the federal court strike down California’s current ballot receipt deadline and require mail ballots to arrive by Election Day to be counted.
On April 17, 2025, the League of Women Voters of California ("LWVC") moved to intervene to defend the state’s mail ballot receipt deadline. LWVC argued that accepting the plaintiff’s argument would potentially disenfranchise thousands of voters, who cast their votes by Election Day but whose votes might not be counted due to delays in mail service, among other voting barriers. It would also severely impact LWVC's mission to educate voters and increase voter turnout and force voters to mail their ballots well in advance of Election Day or risk that their vote will not be counted.
LWVC was represented in this matter by the ACLU, ACLU Southern California, ACLU of Northern California, and the ACLU of San Diego and Imperial Counties.
LWV Timeline
Congressman Darrell Issa files lawsuit
Congressman Darrell Issa files a federal lawsuit, asserting that California's current mail ballot receipt deadline is preempted by the federal statute setting a national election day for congressional elections, and therefore, illegal.
LWVC moves to intervene
LWVC moves to intervene to defend the mail ballot receipt deadline, arguing that the plaintiffs’ proposed relief would disenfranchise thousands of voters and severely impact the League’s mission of increasing voter participation and voter education.
District court grants intervention
The district court grants LWVC's motion to intervene, allowing it to participate in the case in defense of California's current mail ballot receipt deadline.
District court stays case
With the consent of all parties but LWVC, the court issues an order staying the case, pending the resolution of Bost v. Illinois State Board of Elections, a United States Supreme Court case on standing in election litigation.
United States Supreme Court issues its opinion in Bost
The United States Supreme Court issues its opinion in Bost, ruling that the plaintiff, congressman Mike Bost, has standing to challenge Illinois' law allowing mail ballots received after election day to be counted.
District court extends stay of case
By agreement of the parties, the district court extends the stay, putting the case on hold until the United States Supreme Court issues its decision in Watson v. RNC, a lawsuit on the legality of counting mail ballots that were postmarked by Election Day but received after it.