Koldos files suit to get on Elgin council ballot

David Koldos considers himself an Elgin City Council candidate, and filed a lawsuit Wednesday to prove it.

Koldos is suing the city clerk's office, which didn't certify his candidacy after Koldos failed to properly submit a statement of economic interest, a requirement of all candidates running for office.

Koldos says he did fill out the paperwork he just didn't follow the right process to get it approved.

Candidates for local offices in Illinois file their economic interest statements with the county clerk's office. The clerk provides them with a receipt, which candidates are required to include with nominating petitions they give to their local election official in Koldos' case, the Elgin city clerk according to a state board of elections candidates guide.

Koldos, who was the first candidate to declare his intentions to run for council, said he went to the Kane County clerk's office at the beginning of Elgin's filing period Nov. 15 to find out what papers he could file there.

He said a worker told him everything needed to be filed at the Elgin clerk's office.

He said he presented his petitions to Elgin City Clerk Diane Robertson at 4:30 p.m. Nov. 22, 30 minutes before the city's filing deadline in an attempt to get the last position on the ballot. Robertson informed him he didn't have a receipt from the Kane County clerk's office, and she wouldn't be able to certify his candidacy.

Koldos admits he should have read the election board packet more carefully. But he's also alleging that Robertson asked him if he had a correct statement of candidacy, which declares that a candidate is qualified for office.

A local candidate isn't considered “qualified” if he or she owes payment of taxes or any other debts to a municipality, according to state elections rules.

Koldos owes the city of Elgin $500 for parking violations he received in February. Koldos said he used an expired placard from 2007 to park in handicapped spaces after having surgery, and said he had scheduled a doctor's appointment in order to get the placard renewed.

Koldos said Robertson asked if he had any outstanding fines with the city.

“I was a bit surprised she even brought that up,” Koldos said. “When you come down to it, it's not her job. It's her job to accept the petitions and certify them or not certify them.”

Koldos said it was up to his challengers in the city council race to file any objections to his candidacy within five days of his filing.

Ten other candidates are running to fill three seats on the city council.

Robertson did confirm that Koldos' candidacy wouldn't be certified, but wouldn't comment on Koldos' charges, since his litigation is now pending.

She did confirm that Koldos informed her Wednesday morning that he was filing a lawsuit against the city.

This isn't the first time Koldos has been involved in litigation.

He faces felony charges of harassment through electronic communications and violating an order of protection, and misdemeanor charges of violating an order of protection and harassment by telephone. He is accused of using phone messages left in January to harass a woman he knew, according to court documents.

He has a court date on those charges Dec. 16.

Koldos, 51, said there's “some kind of stink about me” among “the powers that be” in Elgin.

“I lived a quiet life in this town for 30 years. Now I'm afraid everyone knows David Koldos exists and they don't like it,” he said.