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Judge race vote recount finds one more for Kostelny

Published: Monday, May 5, 2014 10:30 p.m. CDT
(Sandy Bressner – sbressner@shawmedia.com)
Geneva attorney D.J. Tegeler (standing) watches as officials conduct a discovery recount of the March 18 primary election Monday at the Kane County Clerk's office in Geneva. Kane County Associate Judge Marmarie Kostelny and Tegeler were both seeking a vacancy in the 16th Judicial Circuit. Kostelny lost the election by seven votes.

GENEVA – The discovery recount Monday between judge candidates uncovered one early voting ballot that should have gone to Kane County Associate Judge Marmarie Kostelny instead of Geneva attorney D.J. Tegeler, Kane County Clerk Jack Cunningham said.

"It could be human error," Cunningham said.  "It should have gone to Kostelny."

Cunningham said he expected the discovery recount to continue today and possibly finish up by Wednesday morning.

Kostelny lost to Tegeler by seven votes in the 16th Judicial Circuit, third sub-circuit, 6,220 to 6,213.

Tegeler and Kostelny were both seeking a vacancy that will be left by Judge Karen Simpson, who plans to retire Oct. 6.

Associate judges are appointed, circuit judges are elected. 

The Kane County recount covers 16 precincts. 

The first part of the discovery recount was done late last month at the Aurora Election Commission covering two precincts. 

In that recount, one ballot that was marked with a check mark became an issue.

While Tegeler attorney Ken Shepro said the ballot clearly shows the voter's intent, Kostelny attorney John Countryman said it is not that simple.

"I stood by that machine," Countryman said. "They put it in 10 times and it rejected it every time."

In any case, the discovery recount has not shown enough votes to change the outcome of the election, Countryman said.

If enough votes do come up that could change the outcome, Countryman said, nothing changes unless a candidate files for a full recount. The deadline for his client to file would be May 19, he said.

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