A Democratic lawyer has gone to court to throw out those ballots.
But Democratic lawyers and some legal experts say that deadline is not firm.
"It's a pretty good outcome, under the circumstances," one Democratic lawyer said.
Democratic lawyers need him to be open-minded and flexible if their candidate is to have a chance.
"We're raising the cost of political activity and enhancing cynicism," said one Democratic lawyer.
After the vote, Democratic lawyers hugged and shook hands.
Three Democratic lawyers on the committee staff held a briefing for reporters on the new evidence.
Some Democratic lawyers argue, however, that the similarity of the men's backgrounds may be a liability, too.
Democratic lawyers said they believed the judge's refusal to look at the ballots would be a highlight of their appeal.
It sat in the same manner as a court, hearing arguments from both Democratic and Republican lawyers.