Illinois Right to Life files FOIA complaint as constitutional amendment deadline looms

(Illinois Right to Life, Springfield, IL) — Illinois Right to Life filed a formal transparency complaint Monday after the Governor’s Office missed the statutory deadline to release records related to a potential constitutional amendment that could appear on the 2026 ballot. The organization filed a Request for Review with the Public Access Counselor in the Office of the Illinois Attorney General regarding the Governor’s Office’s failure to comply with the Illinois Freedom of Information Act.

The FOIA request sought records related to a potential constitutional amendment concerning so-called “reproductive freedom.” Under Illinois law, public bodies are required to respond to FOIA requests within five business days unless a timely statutory extension is invoked.

Despite the passage of that statutory deadline, the Governor’s Office did not produce the requested records. After notifying the administration that the request had become overdue and providing an additional opportunity to comply, Illinois Right to Life filed a formal complaint with the Public Access Counselor seeking review of the apparent violation.

The request was submitted amid growing concerns that the Governor’s Office is preparing a constitutional amendment that would expand Illinois’ “reproductive freedom” rights and potentially include provisions related to gender-affirming medical interventions for minors.

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Illinois Right to Life believes such an amendment could mirror language adopted in Missouri in 2024 and currently under discussion in Virginia, where broadly written “reproductive freedom” provisions have raised concerns among legal analysts that the language could extend beyond abortion policy to encompass gender-related medical interventions for minors. Linked here is a legal analysis of Missouri’s amendment language.

Concerns about a potential amendment in Illinois stem from several public signals from the Governor’s office.

During his 2023 inaugural address, Governor JB Pritzker promised to pursue a constitutional amendment protecting abortion rights in Illinois. In more recent public remarks, the Governor has begun referring to “abortion and gender-affirming care” together, grouping the issues in a way that has raised questions about whether a future constitutional proposal could encompass both. One such example appears in the Governor’s announcement of the Prairie State Access Fund.

Questions about whether such an amendment would be introduced have circulated in Springfield for more than a year. A March 2024 article in the Chicago Tribune examined whether Illinois Democrats would pursue a ballot amendment and noted that legislative leaders felt the timing was not right.

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“Our concern is simple: if the administration is preparing a constitutional amendment that could potentially affect parental involvement in medical decisions for their minor children, the public deserves transparency,” said Mary Kate Zander, President of Illinois Right to Life. “In 2023, the Governor promised a constitutional amendment. During the 2024 election cycle, this amendment was strategically delayed. We are calling for transparency from his office as the window for public discourse on a 2026 amendment continues to shrink.”

The timing of the potential amendment and the national conversation surrounding parental involvement in minors’ reproductive health decisions has heightened concerns. For a constitutional amendment to appear on the 2026 ballot, it must pass both chambers of the Illinois General Assembly by May 5, 2026.

If introduced in the coming weeks, that deadline would leave only a short window for public debate on a significant constitutional change.

The complaint filed with the Public Access Counselor requests a determination regarding whether the Governor’s Office violated the Illinois Freedom of Information Act and asks that responsive records be produced without further delay.