Herman Cain won the latest poll of likely GOP voters in South Carolina, released Monday. (Creative Commons)

The state Supreme Court hasn't decided whether or not it will hear the case, but the possibility of a drawn-out court battle puts the Jan. 21 primary in jeopardy because preparation work must begin next month.

Three of the four counties suing the state favored Republican John McCain in the 2008 presidential election.

The State reported:

"Together, the four counties paid $247,767 in unreimbursed expenses for the 2008 Republican and Democratic presidential primaries. State lawmakers have set aside $680,000 for the 2012 primary -- a number the county election commissions say is not enough to cover their expenses."

The Associated Press added, "In the lawsuit, officials from Beaufort, Chester, Greenville and Spartanburg counties say the primary will cost more than $2 million." The GOP party is using filing fees to raise the $1.32 million difference.

Former Minnesota Gov. Tim Pawlenty, who dropped out of the race, asked for his $25,000 filing fee back, but officials said that wasn't going to happen.

Lawsuit challenging S.C. Republican presidential primary

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