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 returning the matter to state court.

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.

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.

CHARLOTTE — The Federal Court of Appeals ruled on Tuesday that the fight over North Carolina’s Supreme Court race will remain in state court. The North Carolina Republican candidate Jefferson Griffin lost to the incumbent democrat candidate Allison Riggs by 734 votes after two statewide recounts.

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 federal appeals panel has heard arguments involving a still-unresolved November election for a North Carolina Supreme Court seat. Three judges on the 4th U.S.

Two recounts have confirmed Justice Allison Riggs' narrow victory, but her GOP opponent has refused to concede