Challenger Michael Schlink topped incumbent Councilwoman Linda Lyons by two votes in an official tally released Tuesday and reaffirmed Friday, but the final word won't come until two voters settle their complaints about the board's disqualification of 11 absentee ballots.

The Wake County Board of Elections ruled Friday that it had not heard probable cause for a full hearing, but the complainants' attorney said they would take the case to the State Board of Elections.

The written protests argue the board disenfranchised voters by rejecting 11 absentee ballots witnessed or delivered by Lyons. Three of those voters did not vote again after the rejection of their first ballot. The protesters also said the board should have accepted eight mailed ballots that arrived after Election Day.

"We would like a systematic review of all of the rejected and uncounted absentee ballots," said Michael Weisel, a lawyer for the complainants.

Cherie Poucher, director of the county elections board, said the body was following the State Board of Elections' administrative code when it rejected the ballots.

State law forbids candidates from co-signing or handling absentee ballot packages, as officials said Lyons did. The breach prompted the elections board to reject the ballots. But the protests argued that the board should accept those votes.

"This failure impermissibly disenfranchises these innocent voters," the complaints stated. The voters couldn't be expected to know that Lyons' involvement was forbidden. An attorney for Schlink, Robert Knight, argued that Lyons cast doubt on the ballots, and the voters were given second chances.

The protesters also hold that the board wrongfully rejected ballots that arrived up to three days after Election Day. State law requires the admittance of such votes as long as they were postmarked by Election Day, the complaints argue. Poucher again said the board was following the administrative code, which allows that extra time only for military ballots.

Elections board chairwoman Aida Havel and member David Robinson voted not to schedule a full hearing, saying the board had followed state law and instructions. Donald Mial dissented.

Lyons did not respond to a call for comment, but Weisel said the protesters likely would appeal the case to the State Board of Elections.