The state Board of Elections has called an emergency meeting for 4 p.m. today to adopt an early voting site at Appalachian State University, after the Court of Appeals late yesterday denied the state’s request for a review of Wake County Superior Court Judge Donald Stephens’ ruling requiring a polling place there.
Here’s an excerpt of the opinion by Judge Stephens:
The majority plan of the Watauga County Board of Elections on its face appears to have as a major purpose the elimination of an early voting site on the ASU campus. Based on this record, the court can conclude no other intent from that board’s decision other than to discourage student voting. A decision based on that intent is a significant infringement of students’ rights to vote and rises to the level of a constitutional violation of the right to vote.
The early voting plan submitted by the majority members of the Watauga County Board of Elections was arbitrary and capricious. All the credible evidence indicates that the sole purpose of that plan was to eliminate an early voting site on campus so as to discourage student voting and, as such, it is unconstitutional.
Here’s the decision by the Court of Appeals:
And here is the meeting notice from the state Board.
No word yet of a further appeal to the Supreme Court.