In late October 2024, a three-judge panel of the U.S. appeals court based in New Orleans said it was illegal for states to count mail-in ballots received after Election Day, siding with Republicans in a case challenging Mississippi’s five-day grace period.

U.S. Rep. Darrell Issa, R-Bonsall, sued California on Thursday in an attempt to block the state from counting future mail-in ballots that arrive after Election Day, arguing that “late-arriving (vote-by-mail) ballots tend to favor Democratic candidates and provide an unfair electoral advantage for opponents of Republican congressional incumbents.”

The longtime Republican congressman's lawsuit states he intends to run for re-election in 2026, but "faces a material risk that he may lose future elections due to these unlawful ballots."

Escondido, has sued the state of California in federal court to stop mail-in ballots from being counted after Election Day. He claims the practice provides “an unfair electoral advantage for opponents of Republican congressional incumbents.