(RALEIGH) -- A three judge panel could decide on Friday whether North Carolina's May primary election will be delayed two months. The issue surrounds a lawsuit over the Republican-drawn boundaries for legislative and congressional districts.

Earlier this month the state argued to dismiss the lawsuit that claims the new legislative and congressional maps are unconstitutional and should nt be used in the upcoming elections. "There are no facts to find because the General Assembly followed what the requirements are," said Special Deputy Attorney General, Alexander Peters.

Plaintiff's attorney Anita Earls said it is about insuring fairness in the election process. "This is about creating a political structure that will allow all voters to participate equally in elections and the structure established by these plans does not do that," said Earls.

The judges on Friday hear plaintiffs' motion for a preliminary injunction. If granted it would delay the North Carolina May primary election until July.