Issa v. Weber
What's at Stake
Congressman Darrell Issa sued to prevent California from counting mail ballots postmarked by election day and received within the following seven days, consistent with California law. If successful, literally hundreds of thousands of Californians will be disenfranchised at each election. The ACLU and its three California affiliates have sought to intervene in the case on behalf of the League of Women Voters of California to ensure that California voters are able to have their ballots counted consistent with state procedures.
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Summary
On March 13, 2025, California Congressman Issa sued the Secretary of State of California in federal court to prevent the state from counting mail ballots that were cast by Election Day and received within the seven days following Election Day. The suit tries to make use of a centuries old federal law that sets Election Day for congressional and presidential elections on the first Tuesday after the first Monday in even years. The federal law does not speak to mail ballot receipt.
Representing the League of Women Voters of California, who played an important role in passing the challenged law and has thousands of members across the state who rely on mail ballots, the ACLU, ACLU of Northern California, ACLU of Southern California, and ACLU of San Diego and Imperial Counties, have filed for intervention in the case. The Court will hear the League’s intervention motion on May 16, 2025.