A federal appeals panel indicated Friday that the Republican challenger in a Minnesota congressional race is unlikely to succeed in his appeal to move voting in that race to February after the death of a third-party candidate.

A three-judge panel of the 8th U.S. Circuit Court of Appeals denied Tyler Kistner's request to put a lower court decision on hold that moved the 2nd District election back to Nov. 3, but the panel granted a request to expedite his appeal.

A message left with Kistner's campaign was not immediately returned.

The date of the election in the seat currently held by Democratic U.S. Rep. Angie Craig became an issue after the Sept. 21 death of Legal Marijuana Now Party candidate Adam Weeks triggered a state law that postponed the contest to February.

Craig, who is seeking reelection in the competitive suburban and rural district south of the Twin Cities, went to federal court to move the contest back to November, arguing that federal law requires the election to be held Nov. 3.

A federal judge agreed with Craig and Kistner appealed, saying numerous voters told his campaign they didn’t vote in the 2nd District because after Weeks’ death they were told their vote wouldn’t be counted in November.

Attorneys for Kistner, a Marine Corps veteran making his first run for office, have said the lower court's order is “sure to disenfranchise thousands of voters” who believed there would be no election Nov. 3.

Those who skipped a vote in the 2nd District when they voted early or absentee had until Tuesday to go to their county elections office to have their ballot spoiled and receive a new one.