Monday’s arguments will center on whether the case should be decided by state or federal courts — a decision which could be crucial in whether the results of the race are ultimately overturned.

Allison Riggs appears to have narrowly won her reelection race. But two of the justices who may decide the case have spouses who donated to her challenger.

A federal appeals court will hear arguments in North Carolina Judge Jefferson Griffin's plea to throw out more than 60 thousand votes from the November election.

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.