The proceeding shall be brought in the name of the People of the State of Illinois by the Attorney General or State's Attorney of the proper county, either of his or her own accord or at the instance of any individual relator; or by any citizen having an interest in the question on his or her own relation, when he or she has requested the Attorney General and State's Attorney to bring the same, and the Attorney General and State's Attorney have refused or failed to do so, and when, after notice to the Attorney General and State's Attorney, and to the adverse party, of the intended application, leave has been granted by the circuit court.
18-102.Parties.
Article XVIII. Quo Warranto · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceRequires a quo warranto action to be brought in the name of the People of Illinois by the Attorney General or State's Attorney, or by a citizen relator who obtains court leave after those officials refuse or fail to act.
Full Text of 735 ILCS 5/18-102
Plain-English Summary
Quo warranto isn't a private cause of action in the ordinary sense; it vindicates the public's interest in who lawfully holds office, exercises a franchise, or claims a privilege. Section 18-102 reflects that by putting the People of Illinois at the center of the case.
The Attorney General or the State's Attorney of the proper county brings the action, either on their own initiative or at the request of an individual relator. But a citizen with an interest in the question isn't shut out if those officials decline: the citizen can bring the action on their own relation, after asking the Attorney General and State's Attorney to sue and being refused or ignored, and after giving notice of the intended application to those officials and the adverse party, then obtaining leave from the circuit court.
This structure balances two goals: keeping quo warranto under the control of public law officers who represent the People's interest generally, while preserving a citizen's path to court when those officers won't act and a judge agrees the case deserves a hearing.
Frequently Asked Questions
Who normally brings a quo warranto action in Illinois?
The Attorney General or the State's Attorney of the proper county, in the name of the People of the State of Illinois.
Can a private citizen bring a quo warranto action?
Yes, on their own relation, but only after requesting that the Attorney General and State's Attorney bring the action and being refused or ignored, and after obtaining leave of the circuit court.
What must a citizen relator do before filing on their own relation?
Request that the Attorney General and State's Attorney bring the action, give notice of the intended application to those officials and to the adverse party, and obtain leave from the circuit court.
Why is quo warranto brought in the name of the People?
Because it vindicates the public's interest in whether someone lawfully holds an office, franchise, or privilege, rather than resolving a private dispute between two parties alone.
Can the Attorney General bring a quo warranto action at a citizen's request?
Yes. Section 18-102 allows the Attorney General or State's Attorney to act on their own accord or at the instance of an individual relator.
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: who can file quo warranto illinoisquo warranto attorney general illinoisquo warranto citizen relatorquo warranto state's attorney