Backers of the University of North Dakota's Fighting Sioux logo may finally have to give up the fight. Residents voted Tuesday to let the university end its use of the nickname. The NCAA has threatened sanctions against the school if its sports teams continue using the name and symbol.

The North Dakota Supreme Court is being asked to hear the case. A court spokeswoman told the Associated Press the court has yet to decide whether to take it. Supporters of the nickname filed a petition asking for a public vote.

The Fargo Forum reports petitioners are within 1,000 signatures of the 13,500 needed to put the debate surrounding the University of North Dakota nickname on the November ballot. The deadline to gather and file the signatures is midnight Tuesday.

The NCAA has threatened sanctions against the University of North Dakota for keeping its Fighting Sioux nickname. While that threat has not yet led to disappearance of the controversial name, it has prompted several other schools to drop North Dakota from their athletic schedules.

The move comes after supporters of the controversial nickname filed petitions to put the issue before a statewide vote. The university's president said the school will continue to use the name and logo out of respect for the state's referendum process. The NCAA has told the school it could face sanctions.

The Legislature last year passed a law requiring the University of North Dakota to use the Fighting Sioux nickname. The state Attorney General believes the law is unconstitutional. Now the Board of Higher Education has voted to challenge it with a lawsuit.

The judge ruled the lawsuit filed by six University of North Dakota students was rendered moot by this summer's statewide vote to retire the controversial nickname and logo. The judge ruled the nickname dispute has been "consigned to the dust heap of history." Some supporters still hope to file a petition to force another statewide vote.

The University of North Dakota must forfeit postseason play if the school displays the controversial nickname or logo, the NCAA said in a letter to the university provost.