Trump Nominated Judge Rules On Mail-In Ballots Case

 November 23, 2023

A recent ruling that mandates the counting of undated mail-in ballots in Pennsylvania may significantly influence the state's allocation of its 20 electoral votes.

The ruling came from Judge Susan Paradise Baxter of the Western District of Pennsylvania, who was nominated by former President Donald Trump and confirmed in August 2018.

She offered a 77-page opinion on the matter, which has drawn both applause and concern from different quarters of the political spectrum.

The ruling is a result of a lawsuit that was filed by far-left activist groups against several Pennsylvania county election boards following the 2022 election.

Concerns Over Disenfranchisement

In the November 2022 election, voters claimed the omission of dates on their mail-in ballots caused their votes not to be counted, thereby disenfranchising them.

This prompted the activist groups to take legal action. The lawsuit argued that requiring correctly dated ballots violated the Civil Rights Act of 1964, Yahoo reported.

The American Civil Liberties Union (ACLU) welcomed the ruling, viewing it as a move that would help protect the voting rights of the citizens. However, critics of the decision expressed concerns about its implications on election integrity.

It is crucial to note that Judge Baxter's opinion has become a subject of intense debate. The judge's stance on the issue asserts that the right to vote should not be compromised due to unavoidable errors on the voting application or ballot. Her statement is as follows,  “The provision protects a citizen’s right to vote by forbidding a state actor from disqualifying a voter because of their failure to provide or error in providing some unnecessary information on a voting application or ballot.”

Varying Opinions on the Ruling

While the ACLU hailed the decision, many of the users from X (formerly Twitter) voiced their apprehensions. Harmeet K. Dhillon (@pnjaban) expressed her concerns, posting, "Does your bank check “count” if you forgot to write the date on it? Survey says no. So why is the vote — that much more important than your utility invoice — not subject to the same protections? You know why. This decision is wrong and shouldn’t stand."

Andrea Micieli added that showing up at the polling station on the wrong day would result in a lost chance to vote, and the same rationale should apply to mail-in ballots.

Expressing similar views, Roger Stone speculated that the ruling could lead to the discovery of thousands of undated mail-in ballots days after the election. He expressed suspicions that these ballots could favor one particular candidate. The critics, therefore, see this ruling as a potential threat to the integrity of the electoral process.


The New York Times has pointed out the potential for the case to reach the U.S. Supreme Court, given the widespread debate over the ruling. The high-stakes nature of the decision, considering Pennsylvania's status as a key battleground state, could prompt further legal action.

  • Judge Susan Paradise Baxter ruled in favor of counting undated mail-in ballots in future elections.
  • The lawsuit was initiated by far-left activist groups who claimed that voters were disenfranchised in the 2022 Pennsylvania election.
  • The ruling has been welcomed by the ACLU but has sparked debate over its potential impact on election integrity.
  • Critics, including Harmeet K. Dhillon, Andrea Micieli, and Roger Stone, have voiced their concerns on platform "X."
  • The New York Times has speculated that the case might reach the U.S. Supreme Court.

About Robert Cunningham

With years of experience at the forefront of political commentary, Robert Cunningham brings a blend of sharp wit and deep insight to his analysis of American principles at the Capitalism Institute.

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