A federal judge will consider a request to take a key question off the November 8th ballot.

On Thursday, U.S. District Judge Eleanor Ross will hear a request for a temporary restraining order on the question of cityhood for South Fulton.

This comes as early voting is well underway.

On the ballot now is a yes or no question asking voters whether they want to create a new city of South Fulton.

It would include as many as 100,000 residents, which is about the size of Sandy Springs in North Fulton.

But the precise borders of the new city haven't been decided because they're the focus of separate legal battles over annexation by the city of Atlanta.

One South Fulton resident filed suit to remove the question from the ballot, arguing the border question makes it's unclear who should be eligible to vote on the issue.

Fulton County Commission Chairman John Eaves told 11Alive's Shiba Russell that the county will "proceed as if the judge will not stop the election process."

"We are operating in good faith," he said. "We're making an educated guess that it's going to be allowed."

He said about 17,000 voters have already cast early ballots in South Fulton.

State Rep. Roger Bruce sponsored the bill to put the cityhood question on the ballot.

"If voters say no, things won't stay the same. The city of Atlanta could move to annex more of South Fulton County, primarily the Sandtown community," Rep. Bruce said.

Rep. Bruce said a new city would have a healthy bottom line, with almost $20 million in sales taxes.