Such action may be maintained by the Attorney General, by filing in the office of the clerk of the circuit court of the proper county a complaint in the name of the People of the State of Illinois. When such complaint is filed, it shall be presented to the court and an order shall be entered thereon showing the day of presentation and the day, which shall not be less than 5 days and not more than 10 days thereafter, when the court will hear the same.
11-302.Action by Attorney General.
Article XI. Injunction · Part 3. Disbursement of Public Moneys · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceLets the Attorney General bring an action to enjoin disbursement of State funds by filing a complaint in the name of the People, which the court must set for a hearing 5 to 10 days after presentation.
Full Text of 735 ILCS 5/11-302
Plain-English Summary
Section 11-302 sets out the Attorney General's path for the action authorized in Section 11-301. The Attorney General maintains the action by filing a complaint in the clerk's office of the proper circuit court, styled in the name of the People of the State of Illinois. That filing style reflects that the Attorney General sues in a representative capacity for the State, not as a private party.
Once filed, the complaint must be presented to the court, and the court enters an order recording the day of presentation and setting a hearing date. That hearing date is bounded on both sides: it must be no less than 5 days and no more than 10 days after presentation. The statute builds in a quick turnaround while still guaranteeing the defendant officer some minimum time before having to appear.
Frequently Asked Questions
How does the Attorney General bring an action to stop disbursement of State funds?
Section 11-302 requires the Attorney General to file a complaint, in the name of the People of the State of Illinois, in the office of the clerk of the circuit court of the proper county.
How quickly must the court set a hearing after the Attorney General's complaint is presented?
The court must enter an order setting a hearing date that is not less than 5 days and not more than 10 days after the day of presentation.
Why is the complaint filed in the name of the People rather than the Attorney General personally?
The Attorney General brings this action in a representative capacity on behalf of the State, so the complaint is styled in the name of the People of the State of Illinois.
Does a private citizen file a complaint the same way as the Attorney General?
No. Section 11-303 requires a citizen and taxpayer to first petition for leave to file the action, attaching a copy of the proposed complaint, rather than filing the complaint directly as the Attorney General does under Section 11-302.
What happens after the hearing date is set on the Attorney General's complaint?
Section 11-304 addresses the summons and pleadings that follow filing of the complaint, requiring the defendant to appear within a similar 5-to-10-day window and giving the action preference in hearing over other cases.
Amendment History
(Source: P.A. 83-707.)
Source & verification. Section text and amendment history are
reproduced verbatim from the Illinois Compiled Statutes, published by the
Illinois Compiled Statutes, Illinois General Assembly / Legislative Reference Bureau. Last verified July 20, 2026.
· Official source
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