EXCLUSIVE: Lawsuit Seeks to Force Whitmer to Call Special Election for Open Michigan Senate Seat
Residents say governor’s months-long delay violates their constitutional right to representation in the 35th District.
LANSING, Mich. — A group of mid-Michigan voters is taking Gov. Gretchen Whitmer to court, saying her refusal to call a special election for a vacant state Senate seat has left more than a quarter-million people without a voice in Lansing.
The lawsuit, which is expected to be filed in the Michigan Court of Claims on Monday, August 11. comes more than 200 days after the seat in the 35th Senate District became empty. The vacancy began Jan. 3, when Democrat Kristen McDonald Rivet resigned to join the U.S. House of Representatives.
The plaintiffs are registered voters from Bay, Midland and Saginaw counties. They argue Whitmer is violating Article V, Section 13 of the Michigan Constitution, which states: “The governor shall issue writs of election to fill vacancies in the senate or house of representatives.”
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Their attorney, Phillip Ellison, says the language is mandatory. He argues that “shall” leaves no room for indefinite delay and that the governor’s duty is ministerial — meaning she must perform the act without exercising discretion over timing.
The suit asks for a writ of mandamus, a court order compelling a public official to perform a clear legal duty. It also seeks declaratory and injunctive relief, which would formally declare the governor’s inaction unconstitutional and force her to set an election date immediately.
Whitmer has called special elections quickly in the past. In November 2023, when two Democratic state House members resigned to become mayors, she announced election dates within days. Those seats were filled by April 2024.
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Past governors of both parties have acted promptly as well. Republican Rick Snyder scheduled a Senate special election in 2016 within the same year as the resignation. In 1994, after the death of Sen. David S. Holmes Jr., a special election was held that November.
This time, Whitmer has not announced any timeline. Political observers say a delay could help Democrats maintain control of the Senate. The chamber is now 20-18 in favor of Democrats. A Republican win in the 35th could lead to a 19-19 tie, with the Democratic lieutenant governor breaking ties.
Calls for action have come from across the political spectrum. Attorney General Dana Nessel has said she believes voters deserve representation. Lt. Gov. Garlin Gilchrist has said residents are “ready” for an election. Republican Senate Leader Aric Nesbitt has pressed Whitmer in public statements and op-eds. Local city councils, including Midland’s, have passed resolutions urging the governor to act. The Detroit Free Press editorial board has also weighed in, calling for the election to be scheduled “immediately.”
The plaintiffs say the delay is more than a political tactic — it is a constitutional violation that leaves their communities excluded from votes on legislation affecting schools, taxes, infrastructure, and public safety.
How Special Elections Work in Michigan — and the Political Stakes
Under Michigan law, the governor issues a writ of election to set the dates for a special election. That writ schedules a primary and a general election, often timed with existing election days in May, August or November to save costs. The process can restore representation within a few months if called promptly.
Unlike in some states, Michigan does not allow temporary appointments to fill legislative seats. Until an election is held, the district goes without a representative in the chamber.
In the case of the 35th District, political control of the state Senate hangs in the balance. Democrats currently hold a narrow 20-18 majority. If Republicans were to win the special election, the chamber would be tied, giving the Democratic lieutenant governor the power to cast deciding votes.
Low-turnout special elections can be unpredictable, and the 35th District includes areas that could swing either way. Political analysts say the uncertainty of the outcome gives both sides reason to strategize over timing.
If the court agrees with the plaintiffs, Whitmer could be ordered to set an election date within days. If the court sides with the governor, it could set precedent that future governors have wide discretion over whether and when to fill legislative vacancies — even if that means leaving a district without representation for months or years.
The decision will not only affect the 35th District but could also redefine the balance between gubernatorial power and voters’ right to representation across Michigan.
I have reached out to Gov. Whitmer’s office but have not yet received a response. If I do get a response I will update this article.
I hope the voters in the 35th district win against their crooked, thieving governor. She needs a comeuppance. They deserve a representative for them not some nitwit whose in the Governor's get rich off the taxpayers scheme.