18-101.Grounds.
Article XVIII. Quo Warranto · Not amended since adoption on record · Last verified July 20, 2026
Full Text of 735 ILCS 5/18-101
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.)