The Illinois Freedom of Information Act
The Illinois Freedom of Information Act sits at 5 ILCS 140. It declares that all persons are entitled to full and complete information about government affairs, subject to listed exemptions. FOIA covers Illinois public bodies, which include county offices, the sheriff, the state's attorney, and other agency departments. The image below links to the official Illinois General Assembly statute table.
Madison County uses GovQA on its county site to receive FOIA requests. Each public body in Illinois must designate a FOIA officer to handle incoming requests, set the response deadlines under 5 ILCS 140/3, and apply any statutory exemptions under 5 ILCS 140/7.
Court Records vs. Agency Records in Madison County
Court records and agency records use different access processes in Illinois. The Circuit Clerk explains that most court files are public unless restricted by state statute or impounded by court order. Court files are governed by the Clerk of Courts Act, Supreme Court rules, and case law, not the standard FOIA process.
Agency records held by the Sheriff, State's Attorney, County Clerk, or Recorder follow Illinois FOIA. The Public Access Counselor at the Illinois Attorney General's office reviews denials.
Note: Use the Circuit Clerk's copy request process for court files, and use FOIA for agency records held by the county, the Sheriff, or the State's Attorney.
Vital Records at the County Clerk
The Madison County Clerk under Linda A. Andreas keeps vital records for the county. The County Clerk is also the chief election authority and maintains tax and real estate filings. The office is at 157 N. Main Street, Suite 109, Edwardsville, with phone (618) 296-4482 for general lines and (618) 692-6290 for marriage records. The image below links to the County Clerk's home page.
Vital record types include births, marriages, civil unions, deaths, and genealogical records. Birth records older than 75 years, marriage records older than 50 years, and death records older than 20 years are released for genealogical research. The County Clerk's vital record request page explains how to order each.
Land Records at the Recorder
Madison County land records date back to 1812. Linda A. Andreas also serves as Recorder; the office is at 157 N. Main Street, Suite 211, P.O. Box 308, Edwardsville, with phone (618) 296-4475 and email recordercopies@madisoncountyil.gov. Records include deeds, mortgages, liens, trusts, easements, veterans' DD-214 discharge documents, out-of-county birth certificates, and marriage licenses. The image below links to the Recorder's home page.
The Recorder charges $1 per page by mail and $2 per page by email. Turnaround is 5 to 7 business days, with the office trying for faster when possible. The Recorder does not perform title searches.
Jail and Sheriff Records
The Sheriff's office holds jail records, deputy reports, and county law enforcement files. Many of those records can be requested under Illinois FOIA, subject to law enforcement exemptions in 5 ILCS 140/7. The Sheriff also handles civil process and warrant service.
The jail itself follows Illinois county jail standards. The inmate information line at 618-692-1064 gives charge and bond details for current detainees but is not a substitute for a written FOIA request to the Sheriff for incident reports, body camera footage, or other agency records.
How to File a Madison County Public Records Request
FOIA requests in Madison County go through the agency's FOIA officer. The county uses GovQA online, but written requests by mail or email are also accepted. The state public access procedure under 5 ILCS 140/3 gives Illinois public bodies five business days to respond, with one five-day extension allowed in some cases.
- Identify the agency that holds the record (county department, Sheriff, State's Attorney, etc.).
- Find the agency's FOIA officer contact information on its page.
- Submit the request in writing, by GovQA, email, or mail, with a clear description of the records.
- State whether the request is for commercial use; the response time is different for commercial requests.
- Wait for the five-business-day response window to begin once the request is received.
- If denied, review the cited exemption and consider review by the Public Access Counselor or in circuit court.
FOIA Request Form Fields
Most Illinois FOIA forms ask for the same basic information. The county may also offer a fillable PDF or an online form, but a plain written request with the same details is accepted.
| Field Label | Type | Required | Notes / Format |
|---|---|---|---|
| Requester Name | Text | Yes | Person filing the request. |
| Mailing Address | Text | Yes | Where written response is sent. |
| Phone or Email | Text | Yes | For clarification questions. |
| Records Description | Multiline text | Yes | Identify the records as clearly as possible. |
| Date Range | Date | Recommended | Narrows the scope to recent or specific records. |
| Commercial Use | Yes/No | Yes | State whether the request is commercial. |
| Preferred Format | Option | Optional | Paper, electronic, or inspection. |
FOIA Exemptions in Illinois
5 ILCS 140/7 lists records that are exempt from disclosure. Common exemptions cover private information, law enforcement investigative records that would harm an investigation, trade secrets, attorney-client communications, draft policies, and protected personal information. Personal identifiers in court filings are also redacted under Illinois Supreme Court Rule 138.
Juvenile records are restricted under the Juvenile Court Act, 705 ILCS 405. Adoption files are sealed under 750 ILCS 50. Mental health treatment information has its own state confidentiality framework. A FOIA officer who applies an exemption must cite the statutory basis for the redaction or denial.
FOIA and Records Request Fees
FOIA fees are limited by 5 ILCS 140/6. Public bodies cannot charge more than the actual cost of copying, with statutory caps for paper copies. The first 50 black-and-white pages are typically free. Court records and Recorder copies follow their own non-FOIA fee schedules.
| Item | Fee |
|---|---|
| FOIA paper copies, first 50 pages | No charge |
| FOIA paper copies after 50 pages | Statutory cap under 5 ILCS 140/6 |
| Court document, page 1 | $2.00 |
| Court document, page 21 and above | $0.25 per page |
| Recorder copy, mail | $1.00 per page |
| Recorder copy, email | $2.00 per page |
FOIA Denials and Public Access Counselor Review
A FOIA denial in Illinois can be reviewed by the Public Access Counselor at the Illinois Attorney General's office. The PAC reviews the denial, asks for the public body's position, and can issue a non-binding opinion or, in some cases, a binding opinion. The requester can also file a lawsuit in circuit court to compel disclosure.
For court records, the dispute usually goes through motion practice in front of the assigned judge rather than the standard FOIA review. Sealing and unsealing of court files typically require a motion, notice to interested parties, and a court order under Illinois rules.
Commercial vs Non-Commercial FOIA Requests
Illinois treats commercial FOIA requests differently from non-commercial ones. A commercial requester is someone who is asking for records to advance a business, vendor, or for-profit purpose. Public bodies have a longer response window for commercial requests and may charge for staff time spent compiling the records.
A non-commercial request is the standard public records ask: a citizen, journalist, researcher, or attorney for non-commercial purposes. The first 50 black-and-white pages are free under FOIA, with statutory caps on per-page charges for additional pages. Marking the request correctly is important because the response timeline depends on the answer.
Illinois State Archives and Historical Records
The Illinois State Archives at the Illinois Secretary of State's office holds historical state records. Older Madison County records, including some 1800s genealogy data, may be referenced through the State Archives database landing page. The state archives is separate from the Madison County Clerk's local vital records office, but both can be useful for genealogy and historical research.
For records older than the standard genealogy thresholds, the State Archives sometimes has materials that the local Clerk's office does not. Researchers should check both. The County Clerk's genealogy page lists the local thresholds, and the State Archives indexes its own holdings.
FOIA Response Times in Illinois
The Illinois FOIA response window is five business days under 5 ILCS 140/3 once the public body receives the request. A public body can extend the response by another five business days in specific circumstances listed in the statute, including unusually voluminous requests or the need to consult another agency. Commercial requests follow a separate, longer schedule.
The public body must either provide the records, partially redact and release them with an explanation, or deny the request in writing with a statutory citation. A denial in Illinois must explain the exemption being applied. A failure to respond on time is treated as a denial that can be appealed to the Public Access Counselor.