Whitmer Sued for Failing to Call Special Election for Michigan’s 35th District

A group of residents from Michigan's 35th Senate District has filed a lawsuit against Governor Gretchen Whitmer, alleging her failure to call a special election violates their constitutional rights. The seat, representing parts of Bay, Midland, and Saginaw counties, has been vacant since January 3, 2025, following Senator Kristen McDonald Rivet's resignation to join the U.S. House of Representatives. ([olcplc.com](https://www.olcplc.com/cases/35thDistrict/?utm_source=openai))

The plaintiffs argue that the governor's inaction has left approximately 270,000 residents without representation in the state Senate for over 200 days. Attorney Philip Ellison, representing the group, stated, "Every legislative day that passes without a senator from District 35 silences an entire community in the lawmaking process." ([votebeat.org](https://www.votebeat.org/michigan/2025/08/11/whitmer-sued-35th-district-state-senate-seat-open/?utm_source=openai))

Under the Michigan Constitution, the governor is mandated to issue writs of election to fill legislative vacancies. Historically, governors have acted promptly in such situations. For instance, in 2023, special elections were called within days to fill House vacancies, ensuring representation was restored within months. ([olcplc.com](https://www.olcplc.com/cases/35thDistrict/?utm_source=openai))

Critics suggest political motivations may be influencing the delay. The current 19-18 Democratic majority in the Senate could be jeopardized if the 35th District seat flips Republican. Senate Minority Leader Aric Nesbitt remarked, "This delay is a political maneuver that disenfranchises an entire district." ([pureintegritymichiganelections.org](https://www.pureintegritymichiganelections.org/post/call-to-action-governor-whitmer-must-immediately-call-special-election?utm_source=openai))

Residents have expressed frustration over the prolonged vacancy. During a town hall meeting, a constituent named Karen questioned, "Why the governor has not called for a special election? This is currently taxation without representation." ([themidwesterner.news](https://www.themidwesterner.news/2025/03/video-gretchen-whitmer-staff-admits-senate-special-election-delay-is-political/?utm_source=openai))

The lawsuit seeks a court order compelling Governor Whitmer to schedule a special election promptly. As of now, the governor's office has not provided a timeline for when the election might be called. ([votebeat.org](https://www.votebeat.org/michigan/2025/08/11/whitmer-sued-35th-district-state-senate-seat-open/?utm_source=openai))

The outcome of this legal action could set a significant precedent regarding the governor's obligations in filling legislative vacancies and the rights of constituents to timely representation.