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.

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.

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

Democratic incumbent Allison Riggs leads Republican challenger Jefferson Griffin by 734 votes for a seat on the North Carolina Supreme Court.

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