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Published: Jan 21, 2012 09:30 PM
Modified: Jan 22, 2012 09:46 PM

Schlink wins Morrisville seat by 3 votes
New rule on late absentee ballots will apply statewide.
 
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RALEIGH - The two-month battle over the rightful winner of a Morrisville Town Council seat ended Wednesday with challenger Michael Schlink emerging as the victor.

Schlink had 684 votes to incumbent Linda Lyons' 681 votes, after eight sealed absentee ballots were opened and counted Wednesday.

The win has the potential to affect not only Morrisville but the entire state. As a result of appeals, absentee ballots no longer will be rejected if they arrive after Election Day.

The N.C. State Board of Elections issued an order last week requiring that all civilian absentee ballots mailed before Election Day and received by the local election board within three days after the election should be counted. Previously, the three-day rule applied only to military personnel.

Several of the eight ballots came in after Nov. 8 but before Nov. 10. The ballots became a point of contention because Schlink was ahead by just two votes after the November ballots were counted.

Wake County Board of Elections member David Robinson agreed the law was confusing about late ballots but said he took issue with the state changing the rules retroactively.

"I have a certain amount of disgust for changing the rules of the game after the game has been played," Robinson said. "We are entering what lawyers call a slippery slope, changing the rules on a case-by-case basis. You can't shoot a three-pointer at the buzzer and call it a four-pointer two months later."

Robinson said there were about a dozen election contests across the state that came within 10 votes. The state's decision potentially could affect the results of those races.

Wake BOE Chairwoman Aida Doss Havel said the county board's decision will allow the Morrisville candidates to move on. "They have waited a long time, and both of them deserve to know who won," she said.

Wednesday's decision ended a bizarre Town Council race that included a recount, two state appeals and allegations that candidate Lyons mishandled ballots.

The results will not be appealed further, said Attorney Michael Weisel, who represents a Morrisville voter who filed the appeal regarding the late ballots.

Morrisville officials said Schlink will be sworn in at Tuesday's Town Council meeting. Lyons could not be reached for comment.

"If feels wonderful," Schlink said of the win. "A load of bricks have been lifted off my back."

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