Although Georgia Secretary of State Brian Kemp’s counsel persuaded a federal judge not to order the state to conduct the November midterm election by paper ballot, Kemp and the State Board of Elections still intend to appeal.

Hours after Judge Amy Totenberg of the U.S. District Court for the Northern District of Georgia issued an order Monday night rejecting a request to bar use of the state’s antiquated computer voting machines in favor of paper ballots on Nov. 6, attorney John Salter filed a notice of the appeal on behalf of state officials who are defendants in the case.