1507 & 1510 Willis and Smith v. IEB

Case No: 1507 & 1510


Although Smith’s appeal from the IEB’s decision was not filed within 30 days, we will not reject an appeal as untimely where the appellant has made a good faith effort to resolve the issues raised or to obtain information about appeal procedures. We find that principle applicable to Smith’s situation. Furthermore, Willis raised identical issues in his appeal of the IEB’s refusal to consider his appeal from the Local membership’s decision not to hear his election protest. Nevertheless, we find that the appeals should be denied on their merits, for although Willis was wrongfully denied the right to have his vote counted in the Committeeperson election, the vote tallies demonstrate that there was only a remote mathematical possibility that his vote would have changed the outcome of the election. Smith also argues that three members voted in the wrong district, but we have consistently refused to order that elections be rerun based on post-election claims that members voted in the wrong district.