SPRINGFIELD, Ill. (WAND) — Illinois Republican lawmakers have filed a lawsuit in Sangamon County claiming Democratic leaders violated the state's constitution during the final days of session. It is the second time in two weeks that Republicans have cited the constitution's three readings rule in lawsuits against Democrats.

The Illinois House passed a bill on May 31 to allow out-of-state businesses to be sued by out-of-state plaintiffs in Illinois courts even if incidents did not occur in Illinois. 

Democrats used the common gut and replace tactic in order for an unrelated bill to change Illinois from a specific jurisdiction to a general jurisdiction state. This plan quickly moved to the Senate floor and passed on a partisan vote in the early morning hours of June 1.

"That is a clear violation of what the constitution calls for," said Senate Republican Leader John Curran (R-Hoffman Estates). "We are seizing upon that the courts have been more acutely aware recently of the abuse of this process."

The American Tort Reform Association is calling on Gov. JB Pritzker to veto Senate Bill 328, as the organization argues it is one of the single worst bills they have seen across the country this year. New York Governor Kathy Hochul has vetoed two similar proposals sent to her desk. Yet, Illinois Democrats said the plan is not controversial.

"I had the same concern you did," said Senate President Don Harmon (D-Oak Park). "I wanted to make sure the language was crystal clear that this applies only to claims under the uniform hazardous substance act."

The Illinois Trial Lawyers Association worked with Democrats to get the legislation passed during the final hours of session. ITLA leaders stressed the proposal will only protect workers and consumers from exposure to toxic substances.

"No company should be permitted to escape accountability for the misuse of dangerous toxins simply for being headquartered in a different state," the organization stated. "Illinois has long opposed predatory profiteering by providing a civil justice system in which everyone, regardless of their means, gets a fair shake. Senate Bill 328 upholds that tradition by recognizing that the privilege of doing business here comes with the responsibility of not hurting Illinoisans."

This comes two weeks after the Illinois Freedom Caucus filed a lawsuit calling the recent budget process unconstitutional. They argue Democrats rammed the budget through both chambers in the middle of the night without time to read or debate the legislation. 

Rep. Chris Miller and other Freedom Caucus members hoped a Sangamon County Judge would agree with their argument before the Fiscal Year 2026 budget takes effect July 1.

"All of our efforts to challenge this unconstitutional practice are helpful, and we support them," said House Republican Leader Tony McCombie (R-Savanna). "Republicans have been drawn into the superminority, but that is not going to stop us from standing up for what is right."

A hearing regarding the Freedom Caucus lawsuit will be held July 3. However, their court battle has already lost steam since Pritzker signed the budget Monday. 

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