In a brief filed Tuesday, Poliquin’s legal team asked the 1st Circuit Court of Appeals to grant an “emergency injunction” preventing certification as the court considers the underlying constitutional concerns about ranked-choice voting raised by the Republican. Golden defeated Poliquin by more than 3,500 votes following the nation’s first runoff in a congressional election using ranked-choice voting.

“In the absence of injunctive relief maintaining the status quo, the state may certify the election results before this court can consider plaintiffs’ claims, thereby permanently depriving them of the ability to vindicate their constitutional rights to a constitutionally compliant election and election results,” the attorneys wrote.

Last week, U.S. District Court Judge Lance Walker rejected the constitutional challenges raised by Poliquin and three other 2nd District voters. Walker, who was appointed to the federal bench by President Trump earlier this year, ruled that there is nothing in the U.S. Constitution that precludes states from requiring congressional races be decided by a majority of votes rather than a plurality.

Poliquin’s appeal is asking the appellate court to consider three questions:

• Do voters have the right to know the final contenders in a race when casting ballots?

• Does allowing voters to “shift their votes between candidates” via ranked-choice preferences violate the “due process” guarantee of the U.S. Constitution?

• Can states “set aside” the results of an election won by a plurality of votes in order to hold a ranked-choice runoff?

Golden is scheduled to be seated in the U.S. House on Jan. 3.