The newly elected members of the Boone Town Council are due to be sworn in at the next council meeting set for Thursday December 21st at town council chambers.

The Watauga Democrat reports that might not happen, due to the protest of the election filed by Ann Marie Yates November 16th.

The protest filed by Yates claims a lack of proper advanced notice of the municipal election noting the court rulings concerning the Plemmons Student Union as an early voting site.

Yates protest was rejected by the Watauga Board of Elections, and Yates appealed to the state board.

However, according to the report, Josh Lawson, general counsel to the state board, said the board cannot hear the protest because of Governor Roy Cooper’s lawsuit against the General Assembly over the reorganization of the state board. Lawson said as a result, the Watauga Board of Election decision would be final, since there is no other administrative body to hear the case.

The only option left to Yates would be to appeal to the State Superior Court in Wake County. According to the report, Yates has not decided whether to pursue that option.

If the new council members are not sworn in on December 21st, current council members will continue to serve until the matter is settled.