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18-101.Grounds.

Article XVIII. Quo Warranto · Not amended since adoption on record · Last verified July 20, 2026

In one sentenceLists the six grounds for a quo warranto proceeding, covering usurped offices and franchises, improperly granted privileges, forfeited public offices, unincorporated groups acting as corporations, corporate overreach or forfeiture, and extortionate railroad rates.

Full Text of 735 ILCS 5/18-101

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A proceeding in quo warranto may be brought in case: (1) Any person usurps, intrudes into, or unlawfully holds or
executes any office, or franchise, or any office in any corporation created by authority of this State;
(2) Any person holds or claims to hold or exercise any privilege, exemption or license which has been improperly or without warrant of law issued or granted by any officer, board, commissioner, court, or other person or persons authorized or empowered by law to grant or issue such privilege, exemption or license;
(3) Any public officer has done, or allowed any act which by the provisions of law, works a forfeiture of his or her office;
(4) Any association or number of persons act within this State as a corporation without being legally incorporated;
(5) Any corporation does or omits to do any act which amounts to a surrender or forfeiture of its rights and privileges as a corporation, or exercises powers not conferred by law;
(6) Any railroad company doing business in this State charges an extortionate rate for the transportation of any freight or passenger, or makes any unjust discrimination in the rate of freight or passenger tariff over or upon its railroad.

Plain-English Summary

Quo warranto — "by what warrant" — challenges someone's authority to hold an office, exercise a franchise, or claim a privilege they may not lawfully possess. Section 18-101 lists six distinct situations where the proceeding is available in Illinois.

The first two grounds target individuals: someone who usurps, intrudes into, or unlawfully holds any office or franchise, including an office in a state-chartered corporation; and someone who holds or claims a privilege, exemption, or license that was improperly or unlawfully issued. The third covers a public officer who has done, or allowed, an act that works a forfeiture of their office under existing law.

The remaining three grounds address organizations. One reaches an association acting as a corporation in Illinois without being legally incorporated. Another reaches a corporation that surrenders or forfeits its rights and privileges, or exercises powers the law never conferred on it. The last is a specific, historically rooted ground: a railroad company charging extortionate freight or passenger rates, or unjustly discriminating in its rate structure.

Because these grounds are distinct — individual office-holding, corporate existence, corporate overreach, and railroad rate practices — the remedy each ground supports differs in focus even though all six proceed under the same quo warranto framework.

Frequently Asked Questions

What does quo warranto challenge under Illinois law?

A person's or entity's authority to hold an office, exercise a franchise, or claim a privilege, exemption, or license.

Can quo warranto be used against a corporation, not just an individual?

Yes. Section 18-101 covers a corporation that forfeits its rights and privileges or exercises powers not conferred by law, and also covers an unincorporated group acting as a corporation.

Can quo warranto reach a public officer who hasn't been removed from office?

Yes, ground three covers a public officer who has done or allowed an act that works a forfeiture of the office, even without a prior removal.

Why does Section 18-101 mention railroad rates?

It's a specific, separately listed ground: a railroad charging an extortionate rate for freight or passengers, or unjustly discriminating in its rates, can be challenged by quo warranto.

How many distinct grounds does Section 18-101 list?

Six, spanning individual office and privilege claims, public officer forfeiture, unincorporated associations, corporate overreach, and railroad rate practices.

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: quo warranto grounds illinoisquo warranto illinoisusurping public office illinoiscorporate franchise forfeiture illinoisillinois railroad rate quo warranto