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.

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.

Republican Jefferson Griffin lost by 734 votes, but he has contested the eligibility of 60,000 ballots cast in the election.

The NC Supreme Court put a hold on election result certification for a contested seat following a narrow win by Democrat Riggs over Republican Griffin.

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

Three counts show an incumbent Democrat won election to the State Supreme Court. But an unusual protest by the G.O.P. challenger could be headed to that same Republican-controlled court.

Over two months since Election Day, the state has still not officially declared a winner and the race has been upended by protracted legal challenges.

In late filings released Tuesday night, two conservative justices signaled a challenge of 60,000 ballots from Republican candidate Jefferson Griffin may not be able to overturn the results of an election where the Democratic incumbent,