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Kostelny concedes Tegeler victory in judge race

Published: Thursday, May 15, 2014 10:18 p.m. CDT • Updated: Thursday, May 15, 2014 10:21 p.m. CDT

GENEVA – Kane County Associate Judge Marmarie Kostelny conceded the race to her opponent, D.J. Tegeler, in the Republican primary for 16th Judicial Circuit, third sub-circuit.

Kostelny lost to Tegeler, a Geneva defense lawyer, by seven votes, 6,220 to 6,213.

After a discovery recount at two precincts at the Aurora Election Commission and 16 precincts at the Kane County Clerk, Kostelny attorney John Countryman said in a statement Thursday that the differences were not enough to warrant seeking a full recount.

In addition to other considerations, Kostelny asked Countryman not to proceed any further in order to avoid taxpayer expense in conducting a full recount of all the votes, according to the statement.

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.

“It was a hard-fought, clean race we ran,” Tegeler said. “I want to thank my supporters, and I look forward to serving the residents of Kane County.”

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. 

Kostelny first was appointed in 2006 and reappointed in 2011.

Her appointment expires June 30, 2015. She currently is assigned to the Kane County Drug Rehabilitation Court.

Tegeler will run unopposed in the Nov. 4 general election unless a Democrat is slated to run against him.

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