The death, resignation or removal from office, by lapse of time or otherwise, of any defendant, shall not have the effect to abate the proceeding, and upon a proper showing, the officer's successor may be made a party thereto, and any relief may be directed against the successor officer.
14-107.Successor in office.
Article XIV. Mandamus · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceKeeps a mandamus case alive when the defendant official leaves office, allowing the successor to be substituted as a party and made subject to the same relief.
Full Text of 735 ILCS 5/14-107
Plain-English Summary
Mandamus targets a duty tied to a public office, not necessarily the individual who happens to hold it. Section 14-107 makes that clear: if the defendant dies, resigns, or is removed from office — whether by expiration of a term or otherwise — the case doesn't abate.
On a proper showing, the successor in that office can be substituted as a party, and the court may direct relief against that successor. The case continues against the office itself, in effect, so a change in officeholders during litigation can't be used to escape a mandamus duty or force the plaintiff to start over.
Frequently Asked Questions
Does a mandamus case end if the defendant official leaves office?
No. Section 14-107 says the proceeding does not abate when the defendant dies, resigns, or is removed from office.
Can a successor officeholder be substituted into a pending mandamus case?
Yes, on a proper showing, the successor may be made a party to the proceeding.
Can a court order relief against a successor who wasn't the original defendant?
Yes. Section 14-107 allows relief to be directed against the successor officer.
Why doesn't a change in officeholders end a mandamus case?
Mandamus enforces a duty attached to the office, so the identity of the person holding it at any given moment doesn't change what the office is required to do.
What counts as leaving office under this section?
The section lists death, resignation, or removal from office by lapse of time or otherwise, covering ordinary end of a term as well as other departures.
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: mandamus successor in office illinoissubstituting party in mandamus casemandamus case survives officeholder change