Several voters have challenged whether Lugar meets the residency requirements to run for the US Senate in Indiana.
Lugar owns a home in Virginia, but he has no residence in the Hoosier state.
A Marion Superior Court Judge previously ruled the situation was "ok." However, voters are appealing that ruling to the State Court of Appeals.
No word on when or if a hearing will take place.
State Treasurer Richard Mourdock is challenging Lugar in the upcoming May 8th Indiana primary.