by Officially, Rep. Darrell Issa’s attempt to prevent the counting of mail-in ballots after Election Day has been put on hold while the U.S. Supreme Court renders a decision in a related case.
Issa’s lawsuit against Secretary of State Shirley Weber and others was stayed by a federal judge in San Diego on Wednesday.
Since it gives opponents of Republican congressional incumbents like himself an unfair electoral edge, Issa wants to put an end to the practice.
A request to suspend the case had been opposed by the League of Women Voters of California.
Judge Schopler, however, stated in granting the stay application that although the Court has taken into account the reasons made by the defendant League of Women Voters, it still thinks that the standing question in this case will probably be decided by the Supreme Court’s next ruling in Bost.
Bost stands for Bost v. Illinois Board of Elections, a case that the high court decided to consider in the next term on June 2.
The lawsuit, which was launched in May 2022 by Issa’s GOP colleague Rep. Mike Bost of southern Illinois, has already been heard by the Chicago-based 7th Circuit U.S. Court of Appeals.
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Rep. Issa asks federal judge to freeze his mail-ballot case, pending SCOTUS verdict
The district court’s decision to dismiss the complaint due to lack of standing or eligibility to sue was sustained by a divided panel.
Therefore, the constitutionality of counting mail-in ballots received after election day will not be decided by the Supreme Court. Up to 14 days following Election Day, Illinois mail-in ballots that are postmarked on or before Election Day are counted. Ballots received within seven days of election day are counted in California.
Rather, the high court stated: The only question at hand is whether the petitioners, as federal candidates, have made enough factual claims to demonstrate Article III standing to contest state laws governing the time, place, and method of their federal elections.
Curtis Morrison is one of Issa’s opponents in the 2026 election and one of the defendants in the Issa lawsuit who was awarded intervenor status along with others.
Perhaps this would free up some of Issa’s time so he can return to his passion of holding former presidents accountable for things he believes happened in the past, Morrison told the Times of San Diego.
Morrison, who faces at least three other Democratic candidates for the East County seat in the 48th Congressional District, pointed out that the US submitted an amicus brief on Tuesday.
According to him, the Trump administration recommended that the Supreme Court decide that candidates have the right to challenge a regulation governing the legitimacy of ballots in the future, provided that there is a chance that the ballots in question could influence their election result.
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That, in Morrison’s opinion, is not an unreasonable stance.
I’m more worried that Issa’s challenge will be delayed while Bost’s case is being resolved, increasing the likelihood that a hasty, emergency briefing and hearing will be necessary in the lead-up to the general election, he added.
Issa and his lawyers, Weber’s office, and other parties involved in the lawsuit have not yet responded to the Times of San Diego’s request for comment.
Following a Supreme Court decision anticipated in 2026, Biden-nominated Judge Schopler issued a brief order requiring all parties involved in the Issa case to submit a motion to release the stay and offer a suggested case management timetable within seven days of Bost’s resolution.
