Illinois Compiled Statutes
735 ILCS 5/11-303 (2026)
Action by private citizen
✓ current as of May 2026
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(735 ILCS 5/11-303)
(from Ch. 110, par. 11-303)
Sec. 11-303.
Action by private citizen.
Such action, when prosecuted by
a citizen and taxpayer of the State,
shall be commenced by petition for leave to file an action to restrain and
enjoin the defendant or defendants from disbursing the public funds of
the State. Such petition shall have attached thereto a copy of the
complaint, leave to file which is petitioned for. Upon the filing of
such petition, it shall be presented to the court, and the court
shall enter an order stating the date of the presentation of the petition and
fixing a day, which shall not be less than 5 nor more than 10 days
thereafter, when such petition for leave to file the action will be heard.
The court shall also order the petitioner to give notice in writing to
each defendant named therein and to the Attorney General, specifying in
such notice the fact of the presentation of such petition and the date and time
when the same will be heard. Such notice shall be served upon the
defendants and upon the Attorney General, as the case may be, at least 5
days before the hearing of such petition.
Upon such hearing, if the court is satisfied that there is
reasonable ground for the filing of such action, the court may grant the
petition and order the complaint to be filed and process to issue. The
court may, in its discretion, grant leave to file the complaint as to
certain items, parts or portions of any appropriation Act sought to be
enjoined and mentioned in such complaint, and may deny leave as to the
rest.
(Source: P.A. 82-280.)
Notes of Decisions
Cited in 14
cases (3 in the last 5 years), 1994–2022 · leading case: Tillman v. Pritzker, 2021 IL 126387 (Ill. 2021).
Tillman v. Pritzker, 2021 IL 126387 (Ill. 2021). “OPINION ¶1 Petitioner John Tillman filed a petition for leave to file a taxpayer action under section 11-303 of the Code of Civil Procedure (Code) (735 ILCS 5/11-303 (West 2018)) in the circuit court of Sangamon County.”
Wirtz v. Quinn, 2011 IL 111903 (Ill. 2011). “Rockwell Wirtz, on behalf of all taxpayers situated in the State of Illinois, and Wirtz Beverage *Page 2 Illinois, LLC, filed a petition pursuant to section 11-303 of the Code of Civil Procedure ( 735 ILCS 5/11-303 (West 2008)) in the circuit court of Cook County for leave to…”
Kaider v. Hamos, 2012 IL App (1st) 111109 (Ill. App. Ct. 2012). “* OPINION ¶1 Plaintiff Donald Kaider appeals from the circuit court’s denial of his petition for leave to file a taxpayer’s suit to enjoin the disbursement of state funds under section 11-303 of the Code of Civil Procedure (735 ILCS 5/11-303 (West 2008)). In his proposed…”
Wirtz v. Quinn, 953 N.E.2d 899 (Ill. 2011). “Rockwell Wirtz, on behalf of all taxpayers situated in the State of Illinois, and Wirtz Beverage Illinois, LLC, filed a petition pursuant to section 11-303 of the Code of Civil Procedure (735 ILCS 5/11-303 (West 2008)) in the circuit court of Cook County for leave to file their…”
Chicago Bar Ass'n v. Illinois State Bd. of Elections, 641 N.E.2d 525 (Ill. 1994). “That statute expressly authorizes any citizen and taxpayer to bring an action to restrain and enjoin the disbursement of public funds by any officer or officers of the State (735 ILCS 5/11-301 (West *532 1992)) where certain procedural requirements are met (735 ILCS 5/11-303…”
Hooker v. Illinois State Bd. of Elections, 2016 IL 121077 (Ill. 2016). “¶ 75 On May 11, 2016, five days after Independent Maps submitted its petition to the State Board of Elections, a “taxpayer’s suit” was filed in the circuit court of Cook County pursuant to section 11-303 of the Code of Civil Procedure (735 ILCS 5/11-303 (West 2014)) to restrain…”
Crusius Ex Rel. Taxpayers of the State of Illinois v. Illinois Gaming Bd., 807 N.E.2d 1207 (Ill. App. Ct. 2004). “See also 735 ILCS 5/11-303 (West 2000) (specifying procedures for commencing citizen's action).”
Hooker v. Illinois State Bd. of Elections, 2016 IL 121077 (Ill. 2016). “¶8 Five days after Independent Maps submitted its petition, a “taxpayer’s suit” was filed in the circuit court of Cook County pursuant to section 11-303 of the Code of Civil Procedure (735 ILCS 5/11-303 (West 2014)). The lawsuit sought to enjoin the defendants from disbursing…”
Sachen v. Illinois State Bd. of Elections, 2022 IL App (4th) 220470 (Ill. App. Ct. 2022). “OPINION ¶1 Petitioners—Illinois taxpayers Sarah Sachen, Ifeoma Nkemdi, Joseph Ocol, and Alberto Molina—filed a petition for leave to file a taxpayer action under section 11-303 of the Code of Civil Procedure (Code) (735 ILCS 5/11-303 (West 2020)). They sought to prevent…”
Tillman v. Pritzker, 2020 IL App (4th) 190611 (Ill. App. Ct. 2020). “Pritzker, Governor of the State of Illinois; Michael Frerichs, Treasurer of the State of Illinois; and Susana Mendoza, Comptroller of the State of Illinois, in their official capacities (collectively, the State Officers), pursuant to section 11-303 of the Code of Civil Procedure…”
Tillman v. Pritzker, 2020 IL App (4th) 190611 (Ill. App. Ct. 2021). “Pritzker, Governor of the State of Illinois; Michael Frerichs, Treasurer of the State of Illinois; and Susana Mendoza, Comptroller of the State of Illinois, in their official capacities (collectively, the State Officers), pursuant to section 11-303 of the Code of Civil Procedure…”
Wirtz v. Quinn (Ill. App. Ct. 2011). “1-09-3163, 1-10-0344 Illinois Code of Civil Procedure (Code) (735 ILCS 5/11-303 (West 2008)), seeking to enjoin the disbursement of public funds by the defendant public officials in connection with the “Capital Projects Acts,” four pieces of legislation passed by the Illinois…”
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