Kostelny to not proceed with re-count procedure

By on June 23, 2014

KANE COUNTY—John Countryman, the attorney for Judge Marmarie Kostelny, recently announced that Kostelny has decided not to proceed further with the re-count procedures in a race to win a Kane County circuit judgeship in sub-circuit No. 3.

Countryman said that Illinois law provides for a discovery recount of 25 percent of the precincts in an election where a candidate for one office comes within 95 percent of the vote of the other candidate.

Kostelny had requested that discovery recount, which by the law cannot change the certified results.

The Illinois State Board of Elections on April 18 certified the results showing Donald (DJ) Tegeler the winner by seven votes. The discovery recount showed slight changes in outcomes and questionable ballots in a few precincts. However, Countryman went on to say that in order to proceed to a full and complete recount, “We need to allege that we have sufficient evidence that the outcome would be changed by a complete recount. After a careful review of all of the factors, even though we found differences in the counts that were reported both for and against Judge Kostelny we have determined that those differences are not sufficient to likely warrant a full recount.”

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

“In my experience, there will always be some minor discrepancies and oversights in the process of conducting elections,” said Countryman, a former chairman of the Illinois State Board of Elections. “Most elections are not this close, so this discovery review does not occur. However, generally good and dedicated people are working as election judges, and we believe that they are basically honest. Even though there might have been oversights on their part, we do not believe here they would change the ultimate result.

“Judge Kostelny made clear to me that she wishes to extend her appreciation to her supporters and the voters for both candidates for their support and patience during this process.”