Grundy County Judge Scott Belt is considering whether to throw out LaSalle County Republican Party Chairman Larry Smith’s complaint against LaSalle County Clerk Lori Bongartz. Smith has alleged in various ways since November that mail-in ballot mishandling tipped the State’s Attorney’s race to Democrat Todd Martin. Republican Karen Donnelly left office at the end of November.
Bongartz’s attorney, Matt Krueger, says six versions of Smith’s lawsuit have contained so many inexcusable errors, the only right thing to do now is toss the case out and forbid any further filings. Krueger argued in court today, the mistakes were in representations of facts that Smith knew or should have known. They included an allegation that Bongartz broke the law by filling in ovals on other people’s ballots.
Smith’s attorney, William Hotopp, alleges none of the mail-in ballots counted on election night were examined by three election judges as required. Hotopp says those ballots should be thrown out, which would return Donnelly to office. He says Donnelly was the winner until the mail-in ballots were added to the count at the end of election night.
Judge Belt said he would try to issue a written ruling on throwing out the complaint or letting it stand by Monday. The lawyers and judge are to talk again next Friday morning when the judge could take up Krueger’s request to forbid any more complaints on the matter.