Article XI. Injunction · Part 3. Disbursement of Public Moneys · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceRequires a citizen and taxpayer to begin this kind of action by petitioning for leave to file, with notice to defendants and the Attorney General, and the court may grant leave to file as to only part of the challenged spending.
Full Text of 735 ILCS 5/11-303
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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.
Plain-English Summary
Section 11-303 sets a screening step that applies only when a private citizen and taxpayer -- not the Attorney General -- brings the action authorized in Section 11-301. Rather than filing the complaint outright, the citizen commences by petitioning for leave to file it, attaching a copy of the proposed complaint to that petition. The petition is presented to the court, which enters an order fixing the date of presentation and setting a hearing date 5 to 10 days later. The petitioner must give written notice of the petition's presentation and the hearing date to each named defendant and to the Attorney General, served at least 5 days before the hearing.
At the hearing on the petition, the court decides whether there is reasonable ground for filing the action. If satisfied, the court grants the petition and orders the complaint filed and process issued. The court also has discretion to grant leave as to only certain items, parts, or portions of an appropriation Act the complaint targets, denying leave as to the rest -- letting the court narrow a citizen suit to the specific spending that has reasonable grounds behind it rather than an all-or-nothing ruling.
Frequently Asked Questions
What must a private citizen do before filing suit to stop State spending in Illinois?
Section 11-303 requires the citizen to first petition the court for leave to file the action, attaching a copy of the proposed complaint, rather than filing the complaint directly.
Who must be notified of the citizen's petition for leave to file?
The petitioner must give written notice of the petition's presentation and hearing date to each defendant named in the petition and to the Attorney General, served at least 5 days before the hearing.
What standard does the court apply in deciding whether to grant leave to file?
The court grants the petition if it is satisfied there is reasonable ground for filing the action.
Can the court allow the suit to proceed on only part of a challenged appropriation?
Yes. The court may, in its discretion, grant leave to file as to certain items, parts, or portions of an appropriation Act mentioned in the complaint, while denying leave as to the rest.
How is this different from how the Attorney General brings the same kind of action?
Section 11-302 lets the Attorney General file the complaint directly, in the name of the People, without the leave-to-file screening step that Section 11-303 requires of a private citizen and taxpayer.
Amendment History
(Source: P.A. 82-280.)
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
Also known as:citizen taxpayer petition leave to file illinoischallenge state appropriation illinoistaxpayer suit against state officerpetition for leave to file illinois