BOONE — An N.C. Court of Appeals judge has allowed a temporary stay that blocks an early voting site on the campus of Appalachian State University, parties in the case confirmed.

The order, made by Judge Daniel M. Horne Jr., prevents from taking effect an order from Oct. 16 by Wake County Superior Court Judge Graham Shirley II that allowed the town of Boone and ASU to designate an early voting site at the Plemmons Student Union starting on Thursday, Oct. 26.

The motion for temporary stay was filed by Watauga Board of Elections Chair Bill Aceto.

"The intervener (Aceto) is excited that the rule of law will be applied," said Nathan Miller, Aceto's attorney in the case and Watauga GOP vice-chair. "We all play by the same set of rules, and that’s what allowed us to move as a society. It’s nice of the Court of Appeals to acknowledge that the rules of law were not followed in this case. We think this is a good sign that they will rule in our favor."

According to the order, the motion for expedited response is allowed and the response from Watauga Board of Elections Member Stella Anderson, who is the petitioner in the case, is required to be filed by 5 p.m. on Monday, Oct. 23.

A ruling on superseadeas will be made upon the filing of the response, or the expiration of the time for response if no response is filed, according to Horne's order.

This story is developing. Check for updates.

(1) comment

Pam Williamson

"It’s nice of the Court of Appeals to acknowledge that the rules of law were not followed in this case," says Miller. The Court acknowledged no such thing. It simply put a temporary on stay on the Wake Judge's order until they could review the case. Unless of course Miller has some inside information not available to the public.

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