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Sunday, May 5, 2024

Judge dismisses GOP's election lawsuit, cites 'absence of facts'

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LaSalle County Republican Party Chairman Larry Smith | lasallecountyrepublicans.org

LaSalle County Republican Party Chairman Larry Smith | lasallecountyrepublicans.org

Grundy County Judge Scott Belt threw out LaSalle County Republican Party Chairman Larry Smith’s complaint against LaSalle County Clerk Lori Bongartz.

The GOP’s remaining option is to file the case to the Third District Appellate Court in Ottawa after exhausting all opportunities to win the case in trial courts.  

“That’s the plan,” attorney William Hotopp confirmed. “We will be asking for (the case) to be expedited.”

Belt ordered Smith to pay $3,570.50 in attorney fees for Bongartz.

“Belt wrote that accusing County Clerk Lori Bongartz of committing felonies by darkening ovals on ballots is vexatious, prejudicial, and harassing in the absence of facts to support the claim,” Capitol Fax reported.

Belt earlier has granted Bongartz a motion to dismiss.

“It would be defamatory if not for Bongartz being a public official,” Belt said, according to Capitol Fax.

In late November, Smith alleged Bongartz's office mishandled the Nov. 3 mail-in ballots. He filed for a temporary restraining order (TRO) to prevent the election results from being certified. The judge did not grant a TRO because Bongartz has already certified the election results on Nov. 17. Smith is disputing the electoral wins of Democrat State's Attorney Todd Martin and Rep. Lance Yednock's (D-Ottawa). The part challenging Yednock’s election victory was later withdrawn. 

Prior to the mail-in ballots being counted, Republican candidates, former State’s Attorney Karen Donnelly, and Illinois House 76th District challenger Travis Breeden were leading the race. The Democrats stand firm that the 2020 LaSalle County election results were handled in a legal, appropriate, and accurate manner, and it was an “electoral process working exactly as they should.”

Belt handled the lawsuit in January after he was sworn as Grundy County’s Associate Judge. Judge Robert Marsaglia previously handled the case but did not seek reelection to the bench in November. Judge Lance Peterson handled the lawsuit after Marsaglia left.

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