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updated: 4/11/2014 2:40 PM

Down by 7, Kostelny not conceding Kane County judge race

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  • Marmarie Kostelny and D.J. Tegeler are separated by seven votes under unofficial results from the March 18 primary contest for the Republican nomination for a Kane County Circuit judge seat.

      Marmarie Kostelny and D.J. Tegeler are separated by seven votes under unofficial results from the March 18 primary contest for the Republican nomination for a Kane County Circuit judge seat.

 
 

Kane County Associate Judge Marmarie Kostelny has not conceded the March 18 election and likely will ask for an exploratory recount of 25 percent of precincts, her campaign manager said Thursday.

Kostelny, who unofficial results show is trailing Geneva defense attorney D.J. Tegeler by seven votes, has five days after the Illinois State Board of Elections canvasses and certifies results April 18 to ask for an exploratory recount.

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"We're still evaluating that. It would seem likely," said Geneva attorney Peter Storm, who is Kostelny's campaign manager.

"We obviously want to be certain that the balloting and counting is accurate. That's what the discovery recount process is about," Storm added. "We're still looking into where and what precincts would be included in the recount."

The night of March 18, unofficial results showed Tegeler up by 52 votes. But the Kane County clerk's office ran a different vote tallying program the next day and counted some absentee ballots, shrinking Tegeler's lead to 10 votes.

Kane County and Aurora Election Commission officials counted the remaining absentee, military, provisional and grace period ballots April 1 and Tegeler held a lead of seven.

If the results hold, Tegeler will represent the GOP for a circuit judge seat in the November election.

Kostelny, who deferred questions to Storm, also would remain an associate judge, a post she has held since 2006.

Circuit judges are elected; associate judges are appointed by circuit judges.

"None of us have been involved in a race this close," Storm said. "It illustrates the importance of voting in a primary and every vote does count, despite what others might say."

No Democrat has filed to run for the circuit judge seat in the Nov. 4 election.

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