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Kostelny files for recount in judge race loss to Tegeler

Published: Saturday, April 26, 2014 9:43 p.m. CST • Updated: Monday, April 28, 2014 8:04 a.m. CST

GENEVA – Kane County Associate Judge Marmarie Kostelny has filed a petition for a discovery recount in the March 18 Republican primary.

Kostelny lost to Geneva attorney D.J. Tegeler by seven votes in the 16th .

Tegeler and Kostelny were both seeking a vacancy in the 16th Judicial Circuit, third sub-circuit that will be left by Judge Karen Simpson, who plans to retire Oct. 6. Associate judges are appointed, circuit judges are elected.

The official vote tally by the Kane County Clerk and the Aurora Election Commission gave Tegeler 6,220 votes to Kostelny’s 6,213. The totals were certified by the state board of elections, Kane County Clerk Jack Cunningham said.

The discovery recount will be held from 9 a.m. to 4:30 p.m. Monday, May 5, Tuesday, May 6 and Wednesday, May 7 at the Kane County Clerk's office, Building B in the Government Center, 719 S. Batavia Ave., Geneva. A lunch period will be held from noon to 1 p.m. each day.

Cunningham said they will recount a certain number of precincts within that sub-circuit.

"They will hand-count them through the paper trail. They will take that paper trail and go through those votes, looking at bar codes to see how they voted," Cunningham said. "The real problem here is with early voting. Some in the sub-circuit could have voted at the early voting sites. We have to find those ballots that were cast there."

Cunningham said his staff would work three stations, one for regular voting, one for early votes and one for absentee and write-in votes.

Democrat and Republican judges will also participate, he said.

"I'm sure we'll get through it," Cunningham said.

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