An appeals court has agreed that 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.

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.

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

Two recounts have confirmed incumbent Allison Riggs, a Democrat, as the winner of her North Carolina Supreme Court seat over Republican challenger Jefferson Griffin.

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.