On Monday, a Federal appeals court heard arguments in North Carolina Judge Jefferson Griffin’s challenge of more than 60,000 votes from the November Election.

The state Supreme Court on Wednesday said it would not immediately decide on Judge Jefferson Griffin’s request to discard votes cast in his election, sending the case back to Wake County Superior Court.

The lawsuit is proceeding in state and federal court at the same time, a rare occurrence that mirrors the rare nature of the attempt to throw out ballots months after the election ended.