Voting & Civil Rights

The first step involved in making a Freedom of Information Act (FOIA) request is determining exactly what records you are seeking access to. If you make a request to the wrong agency or if your request is too vague, it could be denied.

You can first request information from an agency informally. If you know what information you are looking for, you can simply contact the agency to request it. The agency may give you access to the information without needing a FOIA request.

If the informal approach does not work, you can exercise your rights under FOIA by writing a formal request. You can do this by sending a letter to the agency by certified mail A document delivery service such as the US Postal Service that sends a party a receipt as proof that the documents were mailed and delivered outlining the specific records you are seeking access to. Depending on the agency, you may also be able to submit the request via email or via online portal. You should address your letter to the attention of the Freedom of Information Officer.

Send the letter using certified mail, or via whatever method the agency requests. Be sure to request a return receipt Proof of delivery with the recipient's signature, and the date and time of delivery . The following are some tips for writing your request:

• Be as specific as possible in your description of the information you want to review;
• Specify whether you would like copies of the records, or simply access to them so that you may review them in person;
• If you are seeking a fee waiver A document that lets someone file court papers for free or at a reduced cost. , be sure to include a specific explanation of why your request is in the public interest and not for your own personal benefit;
• Include all of your relevant contact information. This includes your:
  • Name,
  • Telephone number,
  • Preferred mailing address, and
  • E-mail address.

You can use this Sample FOIA request letter for making your request.

Often, the public body that you are requesting information from has its own FOIA request form. If they do, you should use that form. These forms are often available online, on the public body’s website. If you have trouble finding them, you can call the agency and ask to be directed to their location. 

Agencies must respond to FOIA requests within 5 business days. If the public body does not respond within this time, it is considered a denial When a court rejects or refuses to allow a request; for example, when a judge decides not to grant an attorney's objection. . Occasionally, an agency will write requesting an extension for their response A formal written answer to the plaintiff or petitioner's written statement time. Many factors contribute to needing more time to produce records. 

Make sure that you requested the information from the right source. Also make sure that the agency received your request. If you have done everything correctly and you still do not get a response, follow the steps for a denial.

If the public body denies your request, it must provide you with written notice of the denial When a court rejects or refuses to allow a request; for example, when a judge decides not to grant an attorney's objection. . It must detail the reasons for denial and any claimed exemption. It must also provide the names and titles of each person responsible for the denial.

The notice of denial must also inform you of your right to challenge a denial. You can do this by sending your request to the Public Access Counselor. Requests must be submitted within 60 calendar days from the date that your request was denied.

You can send your request for review by email at [email protected] or by standard mail at the following address:

Sarah Pratt
Public Access Counselor
Office of the Attorney General
500 S. 2nd Street
Springfield, IL 62701

You can use this Sample request for FOIA Review by the Public Access Counselor.

Send your original request, along with any responses from the agency, with your request for review. When making your request for review, you do not need to use any standard forms.

You may challenge a binding opinion issued by the Attorney General. You can challenge the binding opinion by filing a complaint A written statement to start a lawsuit that says what the defendant did for administrative review. This can be done in either Cook or Sangamon County. An advisory opinion may not be challenged.

If you are denied access to public records by a public body in Illinois, you may file a suit for injunctive relief or declaratory judgment An official decision by a court that ends the dispute between parties . This is only possible in the circuit court The lowest level of court in Illinois of the county in which the public body is located. If the judge agrees with you, they will issue a court order that tells the public body to give you the records.

If you get a court order, the public body has to respond to your request. If they don't, they could be fined between $2,500-$5,000. They can also be fined an extra $1,000 for each day that goes by that they don't give you the documents.