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Discovery recount affirms Tegeler's lead in judge race

Published: Wednesday, May 7, 2014 4:43 p.m. CDT • Updated: Wednesday, May 7, 2014 11:06 p.m. CDT

GENEVA – The days-long discovery recount between two judicial candidates ended Wednesday with virtually no change, a Kane County election official said.

While Kane County Associate Judge Marmarie Kostelny gained a vote in one area – the mailed-in absentee ballots – she was down a vote in the paper trail of the original ballots from early voting, Director of Elections Suzanne Fahnestock said.

Other areas that were re-evaluated remained unchanged from the original tally, keeping Geneva attorney D.J. Tegeler in the lead, Fahnestock said.

“The original result appears to be confirmed, and the accuracy of the count and the integrity of the process appears to be confirmed,” Tegeler attorney Ken Shepro said.

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

Tegeler and Kostelny were 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.

Shepro said he and his client hope that Judge Kostelny and her legal advisers will “decide enough is enough” after reviewing the discovery recount results.

Kostelny did not return a phone call Wednesday seeking comment. The discovery recount of 16 Kane precincts began Monday.

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

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