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updated: 5/8/2014 12:59 PM

Waiting game begins in Kane Couny judge recount

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  • Marmarie Kostelny, left, has until May 19 to ask for a full recount in her 7-vote loss to D.J. Tegeler for the GOP nomination for Kane County Circuit Judge.

      Marmarie Kostelny, left, has until May 19 to ask for a full recount in her 7-vote loss to D.J. Tegeler for the GOP nomination for Kane County Circuit Judge.

 
 

The discovery recount is over and now Marmarie Kostelny has until May 19 to ask for a full recount in her 7-vote loss to D.J. Tegeler for the Republican nomination for Kane County Circuit Judge.

Tegeler's camp says she lacks necessary proof to persuade a judge to order a full recount.

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"The law is clear. You have to have facts to prove you're the actual winner of the election," said Ken Shepro, an attorney representing Tegeler in the matter. "There was absolutely nothing uncovered that would provide any factual basis that the result was different from what was certified by the election authority."

Tegeler, a Geneva defense attorney, and Kostelny, an associate judge since 2006, squared off in the March 18 primary for Republican nomination for circuit judge.

After all absentee, military, provisional and grace period ballots were counted, Tegeler was certified the winner by just seven votes.

Kostelny exercised her right for a discovery recount in which she would specify 25 percent of precincts to be recounted.

Two precincts were examined in Aurora last week and officials in Kane County recounted 16 precincts three days this week.

"I still need to discuss the matter at length with my client," John Countryman, an attorney representing Kostelny, said late Tuesday.

A message left for Kostelny Wednesday morning was not immediately returned.

The winner advances to the Nov. 4 general election; no Democrat has filed to run for the seat.

"I've been certified the winner. From the count that they did, nothing changed," Tegeler said. "They've got (11) days to decide what they want to do -- whether they are willing to accept the results or file a lawsuit asking for a full recount."

Shepro noted that even though 25 percent of precincts have been recounted, about 32 percent of all votes have been recounted because Kostelny specified precincts with the highest turnout.

"There was no hint of any irregularities," Shepro said. "The result appears to be what it was announced to be."

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