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East Central Reporter

Monday, March 17, 2025

Pecatonica Township wins lawsuit against clerk over election ballot removals

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John Butitta Winnebago County Board District 8 | Winnebago County

John Butitta Winnebago County Board District 8 | Winnebago County

Pecatonica Township and its candidates have won a legal case against Township Clerk Kelly Olson-Fuca. On March 10, 2025, Winnebago County Chief Judge Lisa Fabiano ruled in favor of the township, its Officers Electoral Board, and candidates Gregory Deppe and Thomas Menge.

The dispute arose when Pecatonica Township Supervisor Elizabeth Leigh Clark, Vernell Sarver, and others filed a complaint against Olson-Fuca. They alleged that she treated her political opponents unfairly in the run-up to the April 1, 2025 election by removing certain candidates from the ballot for failing to file required receipts.

The controversy centered on six candidates who did not submit receipts showing they had filed statements of economic interests with the Winnebago County Clerk's office. These included Supervisor candidate Gregory Deppe and Highway Commissioner candidate Thomas Menge.

Olson-Fuca amended the ballot certification on January 30, 2025, excluding Deppe and Menge while leaving herself and others who also failed to file receipts on the ballot. Despite voting in favor of electoral board decisions to reinstate Deppe and Menge, she refused to comply with those rulings.

Judge Fabiano found Olson-Fuca's actions arbitrary and discriminatory. The judge stated that she violated "the petitioner’s equal protection rights" by selectively enforcing rules. The court ordered Olson-Fuca to restore Deppe and Menge to the ballot.

Gregory Deppe is running for Pecatonica Township Supervisor, while Thomas Menge seeks reelection as Highway Commissioner. Attorney Rodney Kimes represented them, with Keri-Lyn J. Krafthefer of Ancel Glink representing the township.

Further proceedings are scheduled for April 23, 2025. The lawsuit seeks attorney fees from Olson-Fuca due to significant legal costs incurred by the township. Meanwhile, Olson-Fuca aims for her legal expenses to be covered by the township’s insurer.

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