Morrisville’s 2011 District 1 Election
Frequently Asked Questions
Who won the election?
The Wake County Board of Elections’ certification reports the vote count to be:
Linda Lyons (Incumbent) 679
Michael “Mike” Schlink 681
Write-Ins 4 (one write-in for Linda Lyons included in the 679 above)
Will Mr. Schlink be sworn into office on December 13th?
No. According to Cherie Poucher, Director, Wake County Board of Elections, “Wake County certified the election results as required by law and Michael Schlink was declared elected. However, due to the protest filed, the Board cannot issue a Certificate of Election. Ms. Lyons also filed a request for a recount which was conducted last Friday [18 NOV]. The results were exactly as the certified results and Michael Schlink won by 2 votes.”
Who filed a protest and what is the basis of the protest? (Source: appeal document filed with the State Board of Elections) The Wake County Board of Elections ruled there was no probable cause and dismissed the protest. The two above named Morrisville voters have appealed the ruling to the State Board of Elections. According to the appeal documents filed with the State Board of Elections, these voters are requesting to have the absentee ballots of eight Morrisville citizens counted in the Morrisville Town Council District 1 election because the absentee ballot applications for these ballots were timely received by the Wake Board in accordance with the exception set out in G.S. 163-231(b)(ii) to the general rule of timeliness set out in G.S. 163-231(b), and the absentee ballots of three Morrisville citizens counted because the absentee ballot applications were properly executed under G.S. 163-231(a) and timely received under G.S. 163-231(b). When will the State Board of Elections consider the appeals? While the matter is under appeal what is the status of the District 1 election? According to Cherie Poucher, Director, Wake County Board of Elections, “Until the appeal process is concluded (which could also include an appeal to the Wake County Superior Court) no Certificate of Election can be issued. And without the Certificate of Election, no one can be sworn into office.” If no one can be sworn into the District 1 office, will the seat become vacant as of 13 DEC? North Carolina General Statutes state the following:
On November 18, 2011, the Wake Board held a preliminary hearing on this protest to determine if there was probable cause to find a violation of the law in the Wake Board’s decision to not count the absentee ballots of the eleven (11) citizens of the Town of Morrisville identified in the two protests as follows:
1. Deepak Mohan Advani – postmark: None, ballot received 10 NOV
2. Alexis Kathryn Barnes – postmark: 1 NOV, ballot received 8 NOV
3. Soumajit Ghosh – postmark: 4 NOV, ballot received 10 NOV
4. Aree M. Monroe - postmark: 7 NOV, ballot received 8 NOV
5. Bipinchandra Zaverbhai Patel – postmark: None, ballot received 8 NOV
6. Nicolette Michele Schlink – postmark: None, ballot received 10 NOV
7. David Michael Scoglio – postmark: 7 NOV, ballot received 10 NOV
8. Monical Singh Vilkhu – postmark: None, ballot received 10 NOV
9. Linda C. Evans – Reason for rejection: Identity of witness
10. Joseph Loveless – Reason for rejection: Identity of witness
11. Vivian Ann Mills – Reason for rejection: Identity of witness
The State Board of Elections will hear a number of appeals on Thursday, Dec 22nd, including the Morrisville appeals.
§ 160A-62. Officers to hold over until successors qualified.
All city officers, whether elected or appointed, shall continue to hold office until their successors are chosen and qualified. This section shall not apply when an office or position has been abolished, when an appointed officer or employee has been discharged, or when an elected officer has been removed from office. (R.C., c. 111, s. 8; Code, s. 3792; Rev., s. 2943; C.S., s. 2648; 1971, c. 698, s. 1.)
By state law, Council Member Lyons’ will continue to hold office until a successor is chosen and qualified.
