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Recount continues in 16th Judicial Circuit judge race

Published: Tuesday, May 6, 2014 11:39 p.m. CDT • Updated: Tuesday, May 6, 2014 11:43 p.m. CDT

GENEVA – A second day of discovery recount Tuesday has resulted in little change in the contest between Kane County Associate Judge Marmarie Kostelny and Geneva attorney D.J. Tegeler, Kane County Clerk Jack Cunningham said.

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

Tegeler and Kostelny both were seeking a vacancy to be left by Judge Karen Simpson, who plans to retire Oct. 6. Associate judges are appointed; circuit judges are elected. 

“He is still seven votes up,” Tegeler attorney Ken Shepro said. “When we counted the early votes, she went down by two, and he went down by one. It does not change the totals. They’re just trying to figure out why they don’t match.”

Kostelny attorney John Countryman said he had no comment other than “there are things that need to be reconciled yet.”

The discovery recount of 16 Kane precincts, which began Monday, will continue today, Cunningham said. 

The first part of the discovery recount involved two precincts late last month at the Aurora Election Commission. In that recount, one ballot that was marked with a check mark became an issue.

A discovery recount does not change an election’s outcome unless it shows enough votes are affected and a candidate files court papers seeking a full recount by a May 19 deadline.

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