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.

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.

The North Carolina Supreme Court has dismissed a request by the trailing candidate in an close race for a seat on the court to rule now on whether well over 60,000 ballots should be removed from the tally.

In this moment of crisis, the courts have become the final guardrail against the forces of authoritarianism that seek to undermine the will of the voters.

The N.C. Supreme Court is weighing whether to toss out more than 60,000 ballots cast in the race for a seat on that tribunal. That race is the last uncertified statewide contest in the nation.

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