The federal Fourth Circuit Court of Appeals on Friday said it will hear Republican State appeals court Judge Jefferson Griffin’s elections case, where he’s seeking to invalidate more than 60,000 votes in the race for a seat on the North Carolina Supreme Court.

An incumbent Democrat narrowly won re-election to the state’s highest court. But the Republican-controlled court is considering an unusual protest from her challenger that could flip the result.

A state Supreme Court justice won a narrow victory in November. Her challenger argues tens of thousands of votes should be thrown out.