2-101.5.Venue in actions asserting constitutional claims against the State.
Article II. Civil Practice · Part 1. Venue · Last amended 2023 · Last verified July 20, 2026
In one sentenceRequires suits against the State, or its officers, employees, or agents acting officially, seeking declaratory or injunctive relief against a State statute, rule, or executive order on constitutional grounds to be filed only in Sangamon or Cook County, bars forum non conveniens challenges to that venue, and exempts collective bargaining disputes.
(a)Notwithstanding any other provisions of this Code, if an
action is brought against the State or any of its officers, employees, or agents acting in an official capacity on or after the effective date of this amendatory Act of the 103rd General Assembly seeking declaratory or injunctive relief against any State statute, rule, or executive order based on an alleged violation of the Constitution of the State of Illinois or the Constitution of the United States, venue in that action is proper only in the County of Sangamon and the County of Cook.
(b)The doctrine of forum non conveniens does not apply to actions subject to this Section.
(c)As used in this Section, "State" has the meaning given to that term in Section 1 of the State Employee Indemnification Act.
(d)The provisions of this Section do not apply to claims arising out of collective bargaining disputes between the State of Illinois and the representatives of its employees.
Plain-English Summary
This section sets a narrow, mandatory venue rule for a specific category of case: suits against the State of Illinois, or its officers, employees, or agents acting in an official capacity, seeking declaratory or injunctive relief against a State statute, rule, or executive order based on an alleged violation of the Illinois or United States Constitution. Under subsection (a), venue for that kind of action is proper only in Sangamon County and Cook County.
Subsection (b) reinforces that choice by disabling the doctrine of forum non conveniens for these actions, so a defendant cannot argue the case should move to a more convenient forum. Subsection (c) defines "State" by cross-reference to the meaning given that term in Section 1 of the State Employee Indemnification Act.
Subsection (d) excludes one category of dispute from the section's reach: claims arising out of collective bargaining disputes between the State of Illinois and representatives of its employees.
Frequently Asked Questions
Which counties may these constitutional challenges against the State be filed in?
Only Sangamon County and Cook County, under subsection (a).
What kind of relief triggers this venue rule?
Declaratory or injunctive relief against a State statute, rule, or executive order, based on an alleged violation of the Illinois Constitution or the United States Constitution.
Can a defendant seek to move the case out of Sangamon or Cook County for convenience?
No. Subsection (b) states that the doctrine of forum non conveniens does not apply to actions subject to this Section.
How does the section define "State"?
Subsection (c) borrows the meaning given to "State" in Section 1 of the State Employee Indemnification Act.
Are collective bargaining disputes between Illinois and its employees covered by this venue rule?
No. Subsection (d) excludes claims arising out of collective bargaining disputes between the State and the representatives of its employees.
Amendment History
(Source: P.A. 103-5, eff. 6-6-23.)
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:suing the State of Illinois venueSangamon County lawsuit against Illinoisforum non conveniens against the Stateconstitutional challenge to Illinois statute venue