SPRINGFIELD, Ill. (WAND) — Multiple Eastern Illinois Republican lawmakers filed a lawsuit against Senate President Don Harmon and House Speaker Emanuel "Chris" Welch Thursday calling last weekend's budget process unconstitutional.
The Freedom Caucus said the people of Illinois deserve an honest legislative process. Sen. Andrew Chesney (R-Freeport) said Democrats rammed the budget through both chambers in the middle of the night without time to read or debate the legislation.
The Illinois Constitution requires every bill to be read on three separate days before votes in each chamber. Although, Democrats often vote to waive that requirement to pass necessary proposals during the final days of session.
"Every day, we fight for truth, logic, and common sense in Springfield," said Rep. Chris Miller (R-Hindsboro). "Now, the time has come where we must take the fight to the courtroom. This is about defending the constitution and the protections it provides to the people of Illinois against government abuse when the politicians have forgotten the people."
Miller joined representatives Adam Niemerg (R-Teutopolis), Brad Halbrook (R-Shelbyville), Blaine Wilhour (R-Beecher City), Jed Davis (R-Newark), and David Friess (R-Red Bud) as plaintiffs in Chesney's lawsuit.
The Republicans noted the Democratic majority has used the same tactic to pass the Protect Illinois Communities Act, SAFE-T Act, and several recent state budgets.
"The actions of the General Assembly majority party is using shell bills and using the gut and replace method of bill presentation is done for the sole purpose of silencing the voices of opposition," the Freedom Caucus stated in court documents. "The majority party of the General Assembly uses said shell bills and the gut and replace method of bill presentation to prevent the citizens of Illinois from actively participating in the legislative process through their duly elected representatives in the Illinois House and Illinois Senate."
The Freedom Caucus is asking a Sangamon County judge to grant a temporary restraining order, preliminary injunction and permanent injunction against Harmon and Welch. Both Democratic leaders received summons to appear in court and file response forms to the lawsuit within 30 days.
A spokesperson for Welch said they would not have a statement on the lawsuit Thursday. Harmon's spokesperson told WAND News that they would not provide a statement until they had a chance to review the document.
Gov. JB Pritzker is expected to sign the Fiscal Year 2026 budget in the coming weeks. The next fiscal year starts on July 1.
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