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RNC rails against California's late mail-in ballot counting amid national litigation: 'It is absurd'

The RNC is suing states over policies accepting mail-in ballots up to 7 days post-Election Day, claiming it delays certification and harms election integrity.

The Republican National Committee (RNC) said it has filed national lawsuits to stop several states from counting mail-in-ballots after Election Day, as California has taken nearly a month to certify some races.

"It is absurd for California to accept ballots by mail up to 7 days after Election Day and take almost a month to count them," RNC Chairman Michael Whatley wrote on X. 

Whatley said the RNC, alongside the California Republican Party, "will continue to fight aggressively to force all states to stop accepting ballots after Election Day." 

Republicans on the ground in California are working with attorneys and observers "throughout the process of voting, curing, and counting," he added. The RNC has also partnered with the National Republican Congressional Committee and Elon Musk's PAC to launch a new statewide ballot curing operation. 

"The RNC, NRCC, and CAGOP's election integrity operation was on the ground in California before Election Day, on Election Day, and has continued working ever since November 5th. Our attorneys and trained volunteers are in place to ensure transparency throughout the election process," Gates McGavick, senior adviser to Whatley, told Fox News Digital in a statement. 

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California's vote-counting process has been prolonged due to the high volume of mail-in-ballots, with a majority of Californians opting to vote by mail. In the state's 2022 election, nearly 90% of votes were cast via mail-in ballots.

State law also permits mail-in ballots postmarked by Election Day to be counted if they arrive up to a week later. Mail-in ballots are typically put through a verification process that can also lengthen the amount of time they are tallied. The election certification deadline is Dec. 16. 

As of Wednesday, several races remain undecided in the Golden State, including for the 13th Congressional District, where Republican Rep. John Duarte is being challenged by Democrat Adam Gray. 

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"Every vote in every state matters, and the RNC will work with our state parties and candidates to ensure Election Integrity across the country," Whatley said. "It is clear that we need real election reforms to Protect the Vote in California."

Liberal Gov. Gavin Newsom signed several laws during his term to expand mail-in voting. In 2021, Newsom signed AB 37, making California one of the first states to require that all active registered voters automatically receive absentee ballots, codifying a temporary COVID-era emergency measure passed in 2020. Two laws signed in 2023, AB 626 and AB 545, require a curbside voting option at all polling places and permit voters to drop off their mail-in ballots at polling stations to have them counted immediately. 

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California is one of 14 states where voters are not required to show voter ID at polling stations. In March 2024, Huntington Beach – a conservative hotspot on the southern coastal line – officials passed a local measure requiring voter ID to vote in elections, which Newsom quickly bucked through state legislation in September that prohibited local governments from enforcing laws that require voter ID.

"The right to freely cast your vote is the foundation of our democracy and Huntington Beach's voter ID policy flies in the face of this principle," state Attorney General Bob Bonta said in a statement at the time.

Republican criticism of extended vote-counting periods has intensified this election cycle, including in Pennsylvania and North Carolina. Prior to Sen. Bob Casey's concession last week in Pennsylvania's Senate race to his Republican opponent, Dave McCormick, national and state Republican parties went to court arguing counties should not count mail-in-ballots where the voter either didn't write a date on the return envelope or wrote the wrong one, the AP reported. 

President-Elect Trump has also taken notice of California's voter ID laws, writing on his Truth Social account he would demand proof of citizenship and voter ID in elections. Meanwhile, Newsom is gearing up to "Trump-proof" the state and has called an emergency special legislative session on Dec. 2. 

"California is ready to fight," Newsom wrote on X after the election. "Whether it be our fundamental civil rights, reproductive freedom, or climate action – we refuse to turn back the clock and allow our values and laws to be attacked."

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