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 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.

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.