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McConchie’s would-be successor isn’t a Republican and can’t serve, lawsuit alleges

Barrington Hills Trustee Darby Hills’ appointment to a vacant state Senate seat should be nullified because she doesn’t meet the state’s definition of a Republican, a lawsuit filed Tuesday argues.

Algonquin resident Brittany Colatorti’s complaint also alleges the GOP committee formed to choose a successor for state Sen. Dan McConchie in the 26th District failed to properly notify the public of its Feb. 14 meeting or the application process, and that Hills’ nomination should be canceled as a result.

The lawsuit, filed in McHenry County circuit court, names Hills and the Republican legislative committee for the 26th Senate District as defendants.

Colatorti’s attorney is Thomas Devore, a downstate Greenville resident who unsuccessfully ran for Illinois attorney general in 2022. DeVore has been critical of Hills’ appointment in social media posts.

Thomas DeVore

Colatorti’s husband, Tony, unsuccessfully ran for McHenry County sheriff as a Republican in 2022.

Hills was selected from a pool of four candidates to succeed McConchie, who resigned effective Feb. 2 to lead a nonprofit group. The other applicants were state Rep. Martin McLaughlin of Barrington Hills; Ela Township Trustee Tosi Ufodike of Hawthorn Woods; and Long Grove Trustee Chris Borawski.

The 26th District encompasses much of southern, central and western Lake County; a portion of northwest Cook County; and smaller parts of Kane and McHenry counties.

The committee formed to appoint McConchie’s successor consisted of Republicans representing those regions: Lake County GOP Chair Keith Brin; McHenry County GOP Chair Jeff Thorsen; Kane County GOP Chair Andro Lerario; Palatine Township Supervisor Andy-John Kalikounos; and Barrington Township GOP Chair Peter Kopsaftis.

Under state law, because McConchie is a Republican, the person appointed to finish his term must be as well.

The committee met Feb. 14 at the Palatine Township Republican Organization’s office to interview the applicants and choose McConchie’s successor. When it came time to vote, Brin’s choice had the most weight because more of the people who voted for McConchie in 2022 live in Lake County. He backed Hills for the post.

Colatorti’s lawsuit claims Hills doesn’t have much in the way of Republican bona fides. She hasn’t signed a Republican candidate petition or a statement of candidacy as a Republican in at least 23 months, nor has she voted in a Republican primary in at least 23 months, the complaint states.

Hills, who was appointed to the Barrington Hills village board in 2022, hasn’t run for office as a Republican or accepted a Republican Party appointment in at least 23 months, either, the lawsuit states.

“Darby Hills is not qualified under the law to replace Sen. Dan McConchie as she is not from the same political party of Sen. Dan McConchie as defined in the statute,” the complaint states.

Hills couldn’t be reached for comment Tuesday evening. Brin declined to comment on the lawsuit, saying he hadn’t yet seen it.

In a telephone interview, DeVore said his client’s goal is to make the GOP committee appoint a different candidate “who is qualified under the law.”

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