MORRISVILLE - As Morrisville at-large councilmen Steve Rao and Mark Stohlman prepare to be sworn-in Tuesday, the future of one seat still hangs in the balance.

The N.C. Board of Elections will meet Dec. 22 to decide whether to consider the appeal of absentee ballots that could change the outcome of the Morrisville District 1 Town Council race.

Attorney Michael Weisel filed the appeal on behalf of residents Vivian Ann Mills and Carolyn Pearson, alleging voters were disenfranchised when their ballots were rejected by the Wake County Board of Elections.

Weisel said voters should not be penalized by errors by officials who handled the ballots.

The Wake County board of elections rejected about 19 absentee ballots impacting the District 1 race. Eleven ballots were denied because incumbent Councilwoman Linda Lyons signed witness forms for voters, verifying their identities. As a candidate for re-election, Lyons is not allowed to sign these documents, according to state law.

The election information distributed to voters did not include restrictions for witnesses, Weisel argued in his 200-page appeal filed with the state board.

Eight of the 11 voters re-cast their ballots on election day, leaving only three up for debate during the appeal.

Lyons was also involved in collecting absentee ballots. She asked fellow Councilman Steve Diehl to hand-deliver several absentee ballots to the Wake County election office - also against state law. Only immediate family members or the individual voter can turn in the ballots.

Diehl and Lyons both said election materials were unclear about ballot delivery. The State Bureau of Investigation is looking into allegations that Lyons and Diehl mishandled ballots.

Eight absentee ballots were rejected because they arrived late or lacked a postmark. State law requires the admittance of such votes as long as they were postmarked by Election Day, the complaints argue.

Wake County Board of Elections Director Cherie Poucher said the board was following the administrative code, which allows extra time only for military ballots.

Michael Schlink, who won the District 1 seat by two votes over Lyons, will not be sworn in Tuesday. Until the state election board appeal is resolved, Lyons will hold the seat. Once the board renders its decision, a certificate will be issued to the winning candidate within 10 days, said Attorney Don Wright.

If the decision goes to Superior Court for appeal, the Wake County court would have to issue of stay of the certificate, he said. Unless a stay is issued by the county court, the winner will be sworn in, Wright said.