Gov. Whitmer faces lawsuit seeking special election to fill vacant Michigan Senate seat
The lawsuit — brought by voters who live in the area represented by the vacant 35th Michigan Senate district seat — argues that Whitmer must call for a special election under the Michigan Constitution and asks the court to order her to do so. U.S. Rep. Kristen McDonald Rivet, D-Bay City, previously held the seat, but she won her bid to fill Michigan's 8th Congressional District in the Nov. 2024 election and was sworn in to her new office on Jan. 3, 2025.
The roughly 267,000 residents of the 35th Michigan Senate District have gone without representation in the chamber since then. Republicans initially protested Whitmer's inaction on a special election with a gathering on the Capitol steps ahead of the governor's State of the State speech in February, urging her to schedule an election. Since then, some Democrats have joined their calls.
The district covers parts of Bay, Midland and Saginaw counties. "Every legislative day that passes without a senator from District 35 silences an entire community in the lawmaking process," reads the complaint against Whitmer. "When a state legislative district is left without representation, its citizens are effectively disenfranchised in ongoing legislative debates, policy decisions, and votes."
The Michigan Constitution states: "The governor shall issue writs of elections" to fill vacant seats in the Michigan Legislature. "Any such election shall be held in a manner prescribed by law," it continues. The lawsuit argues that language creates a "clear and mandatory requirement" for Whitmer to call for a special election. "The Governor's role is purely procedural — to issue the writ — and she has no authority to indefinitely delay or withhold it," the lawsuit states.
Michigan election law says when a seat in the Michigan Senate or House is vacant, "the governor may call a special election... or direct that the vacancy be filled at the next general election." Elections for every Michigan Senate seat will take place in 2026.
Whitmer has swiftly called for many special elections in the past to fill empty Michigan House and Senate seats, giving voters the opportunity to choose someone to fill the remainder of the term before the next regular election. But when it comes to a special election in the 35th District, Whitmer's refusal to call for one so far stands out for the length of time that has elapsed between a vacancy occurring and a special primary taking place.
"No governor has taken this long to call a special election for a vacant seat since the Michigan Legislature went full-time in the mid 1960s," the Lansing-based Michigan Information & Research Service Inc. wrote in a June article.
Whitmer press secretary Stacey LaRouche did not immediately respond to a request for comment.
In 2022, McDonald Rivet won a competitive election to the Michigan Senate by nearly seven percentage points against sitting state Rep. Annette Glenn, R-Midland. The Democrat's victory helped her party win a narrow, one-vote majority in the state Senate.
Michigan Politics: Matt Hall leads the Michigan House during a tumultuous period of divided government
Democrats still control the Michigan Senate after McDonald Rivet vacated her seat in the chamber, but Republicans in the Nov. 2024 election flipped the Michigan House from Democratic control. That means any legislation that lands on Whitmer's desk must be bipartisan with GOP support in the House and Democratic support in the Senate. In theory, a Republican victory in a special election to the 35th District in the Michigan Senate could create a roadblock for Democrats to move bills across the finish line to the governor.
Michigan Senate Democrats hold 19 seats in the chamber while Republicans represent 18 seats, giving Democrats the ability to pass legislation without any GOP support. If a Republican were to win a special election to the 35th District in the Michigan Senate, it would tie the chamber at 19 Democratic seats and 19 Republican seats.
The Michigan Constitution gives Lt. Gov. Garlin Gilchrist II, a Democrat, the ability to break a tied vote as president of the Senate. While that allows Democrats, in theory, to overcome GOP opposition to legislation supported by every Senate Democrat, any Republican senator could abstain from voting, denying Gilchrist the opportunity to vote.
Contact Clara Hendrickson at chendrickson@freepress.com or 313-296-5743.
This article originally appeared on Detroit Free Press: Gov. Whitmer faces lawsuit over inaction on special election
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