Suit Alleges McConchie Replacement Appointed Illegally

Darby Hills is sworn in as a Barrington Hills Village Trustee in 2022. (Photo: Village of Barrington Hills)

NOTE: This story was originally posted for subscribers only. To receive subscriber-only newsletters and content, click here.

A suit filed in McHenry County Court Tuesday alleges suburban Republican officials who chose Barrington Hills Trustee Darby Hills for a vacant seat in the Illinois Senate did so illegally and that she isn’t allowed to serve.

The suit was filed by southern Illinois attorney Tom DeVore, an ally of Rep. Martin McLaughlin (R-Barrington Hills), who was passed over Friday to replace former Sen. Dan McConchie, who resigned last month. McHenry County business owner Brittany Colatorti, who is active in Republican politics, is the plaintiff in the case.

The suit names members of the committee that appointed Hills Friday, made up of county chairs and township commiteemen, who chose the attorney and philanthropist over McLaughlin, former House candidate Tosi Ufodike, and Long Grove village board member Chris Borawski.

McConchie supported Joe Salvi, an attorney and son of Illinois GOP Chair Kathy Salvi, for the appointment, but Salvi backed out at the last minute. That left McLaughlin, who won his House re-election by just 47 votes and has recently cozied up to the far-right Freedom Caucus in Springfield as the perceived frontrunner for the appointment.

But, multiple sources say McLaughlin’s interview with the committee was a “disaster,” claiming he came across as “arrogant, out of touch, and sure to lose the seat next year.” We’re told that prompted Senate Republicans to voice their opposition to McLaughlin to the committee.

A spokesperson for Senate GOP Leader John Curran (R-Downers Grove) and the head of the SGOP campaign arm did not return messages from The Illinoize Tuesday.

The committee then focused on Hills, who, the lawsuit alleges, hasn’t met requirements to be appointed to the seat. The replacement is required to be a Republican, by law, and Hills hasn’t voted in a GOP primary since 2012. She also, apparently, has not signed a GOP petition, or served as a precinct committeeperson, two ways to show party affiliation under the law. Her seat on the Barrington Hills Board of Trustees is nonpartisan.

“The statute is clear the appointee must, in at least the last 23 months, meet at least one of the five enumerated criteria to be considered from the same political party as the outgoing legislator,” the suit reads. “Hills is not a member of the same political party as outgoing Senator Dan McConchie rendering her unqualified as a matter of law to be appointed by The Committee.”

The suit also alleges a public notice of the appointment meeting was not properly published.

Hills wasn’t sworn in Friday, and has yet to be sworn in this week, making it clear Senate Republicans knew there may be an issue with the appointment.

Lake County GOP Chair Keith Brin, who chaired the committee that chose Hills, said he hadn’t seen the suit Tuesday night and wouldn’t comment. Hills also did not return a message from The Illinoize.

We’re told Hills will likely be appointed a GOP precinct committeeperson this week to satisfy the partisanship requirement. We’re also told a new vote is likely to take place sometime this week to select Hills for the seat again, but that meeting date has not been set.

No court date has been set.

“This is a disaster,” one top Republican told The Illinoize Tuesday. “Democrats are gunning for this seat and we’re sitting here shooting ourselves in the foot over procedure. It’s no wonder we always lose.”

The lawsuit can be viewed here.

NewsPatrick Pfingsten