Tuesday’s decision means Judge Jefferson Griffin’s challenge could eventually be heard by the North Carolina Supreme Court, the very body he aims to join.

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 has agreed a federal trial judge acted properly last month in declining to rule on the eligibility of voters in an unresolved North Carolina Supreme Court election

In the push and pull over whether a Republican judge’s request to throw out more than 60,000 votes in his election contest should be considered in state or federal court, a panel of federal judges said Tuesday that the case will stay in state court for now.

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.

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