Three counts found an incumbent Democrat won a State Supreme Court race. But the Republican candidate is trying to nullify more than 60,000 votes.

An appeals court agreed Tuesday that a federal trial judge acted properly last month in declining to rule on the eligibility of tens of thousands of voters last fall in an unresolved North Carolina Supreme Court election and return it to state court.

The Federal Court of Appeals ruled on Tuesday that the fight over North Carolina’s Supreme Court race will remain in state court.

In a win for Judge Jefferson Griffin, his challenge to North Carolina Supreme Court seat race will remain in state court, with a federal court retaining jurisdiction of several federal issues, should they remain after state court proceedings are resolved.

A three-judge panel of the U.S. Fourth Circuit Court of Appeals ruled that North Carolina's disputed race for a seat on the state Supreme Court must be reviewed in state courts before the matter can go before a federal tribunal.

Griffin, who trails Allison Riggs by over 700 votes in the NC Supreme Court race, is seeking to eliminate 65,000 votes.