Kostelny concedes Kane judge GOP nod to Tegeler

  • Marmarie Kostelny, left and D.J. Tegeler

    Marmarie Kostelny, left and D.J. Tegeler

Updated 5/14/2014 9:26 PM

Marmarie Kostelny will not seek a full recount in her seven-vote loss to D.J. Tegeler for the Republican nomination for Kane County circuit judge, her attorney said.

Wednesday's decision by Kostelny, a current associate judge, came after a discovery recount of 25 precincts earlier this month did not show any irregularities in the results from the March 18 primary.


"Even though we found differences in the counts that were reported both for and against Judge Kostelny, we have determined those differences are not sufficient to likely warrant a full recount," said John Countryman, an attorney for Kostelny.

Tegeler, a Geneva defense attorney, was certified in April by state officials as the winner of the race.

He will advance to the Nov. 4 general election; no Democrat has filed to run for the seat.

Kostelny retains her associate judge post she has held since 2006. Circuit judges are elected, while associate judges are appointed.

"Both Judge Kostelny and I ran a very good, hard fought, clean campaign," said Tegeler, who thanked his supporters.

"I look forward to working with Judge Kostelny and for all the residents of Kane County. I am very excited at the prospect of becoming the next circuit judge."

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Unofficial election returns initially showed Tegeler with a 52-vote lead.

The Kane County clerk's office later ran a new vote tabulating program which showed Tegeler's lead at 26 votes.

After absentee, military, grace period and provisional ballots were counted, and the margin shrunk to seven votes.

In order to petition a judge for a recount, the trailing candidate must have proof that the election result would be different, and that was not the case with Kostelny.

"Even though there may have been oversights on (the election judges') part, we do not believe here they would change the ultimate result," Countryman said. "Judge Kostelny made clear to me that she wishes to extend her appreciation to her supporters and voters for both candidates for their support and patience during this process."

"This election was extraordinarily close," she said. "I'm satisfied (that the discovery recount was done) and I don't wish to prolong this or cost money to the taxpayers by doing a full recount at this point, so I have congratulated Mr. Tegeler."

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