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.

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

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.