N.C. Attorney General Roy Cooper ordered last week that the case be moved from a N.C. Superior Court in Johnston County -- where the case was originally filed -- to a U.S. District Court in Greenville.
If the case stays in federal court, it will be heard by a three-judge panel.
Attorneys for the plaintiffs -- several of the state's prominent Republicans -- have asked a U.S. District Court judge to send the case back to a state court.
"We were careful to craft (the lawsuit) so that it only deals with state issues," said Bill Cobey, chairman of the N.C. Republican Party and one of the plaintiffs.
The lawsuit states that the N.C. General Assembly's redistricting plans violate the state constitution by splitting counties and packing voters into some districts to give Democrats an advantage in upcoming state elections.
Cobey said the redistricting plans will not be challenged based on federal laws.
But according to The (Raleigh) News & Observer, John Bason, spokesman for the attorney general's office, said in a statement, "We are asking that the case be moved because redistricting involves federal issues, and ultimately this case will end up in federal court anyway."
The lawsuit could also push back the party primaries, set for May 7.
Earlier this month Johnston County Superior Court Judge Knox Jenkins Jr. issued a temporary restraining order preventing the newly drawn districts from being used in elections.
