Lawsuit to Compel a Special Election in Michigan’s 35th Senate District

Anderson, et al v Whitmer

In August 2025, various residents and voters of Michigan’s 35th State Senate District filed suit in the Michigan Court of Claims against Governor Gretchen Whitmer, seeking to compel her to call a special election to fill the district’s vacant Senate seat. The plaintiffs — registered voters from Bay, Midland, and Saginaw Counties — argue that the Governor’s continued inaction has unlawfully deprived roughly 270,000 residents of their constitutionally guaranteed right to representation in the Michigan Senate for more than 200 days.

The vacancy arose on January 3, 2025, when then-Senator Kristen McDonald Rivet resigned to assume a seat in the U.S. House of Representatives. Since that date, the 35th District has had no voice in the state’s upper chamber, despite the Legislature being in active session and passing laws on matters directly impacting its constituents.

The Applicable Law

The plaintiffs base their claim on the Michigan Constitution, which provides:

Article V, Section 13: “The governor shall issue writs of election to fill vacancies in the senate or house of representatives.”

The language is mandatory — “shall” — and contains no qualifying conditions or timelines. The duty, the complaint argues, is purely ministerial: the Governor must issue the writ of election and has no discretion to delay indefinitely.

In legal terms, the plaintiffs seek a writ of mandamus — an extraordinary and historical judicial order compelling a public official to perform a clear, nondiscretionary duty. To obtain such relief, they must show: (1) a clear legal right to the act; (2) a clear legal duty to perform it; (3) that the act is ministerial; and (4) no other adequate legal remedy exists. They also request declaratory and injunctive relief, asking the court to formally declare the Governor’s inaction unconstitutional and order her to immediately schedule a special election.

Historical Practice by Past Governors

Historically, Michigan governors of both parties have acted promptly to fill legislative vacancies. In many cases, special elections have been called within days or weeks of a resignation, often timed to coincide with existing election dates to minimize costs. For example, in November 2023, two Michigan House members resigned after being elected as mayors. Governor Whitmer called special elections within days, setting filing deadlines, primaries, and general elections that restored representation by April 2024.

Under Governor Rick Snyder in 2016, the resignation of Senator Virgil Smith led to a special election aligned with the August and November statewide election dates, with voters selecting a replacement before the year’s end. In 2015–2016, multiple House vacancies due to resignations, expulsions, or deaths saw special elections scheduled within months, often synced with existing election days to minimize costs. In 1994, after Senator David S. Holmes Jr. died, a special election was held that November, returning representation to constituents within the same year.

These examples illustrate a bipartisan norm: prompt issuance of writs of election, typically aligning with upcoming electoral dates, to minimize both democratic disruption and financial burden. The current vacancy in the 35th Senate District, lasting more than six months without an announced election, departs sharply from this long-standing tradition of timely action of ensuring that representation is restored quickly.

While Michigan law does not impose a specific statutory deadline for issuing a writ, the consistent historical pattern has been to move without prolonged delay, especially when the Legislature is in session. Extended vacancies have been rare, as the political and democratic costs of leaving an entire district without representation are significant.

It Is Not a Political Party Issue

A broad coalition — including media, legal officials, state legislators across party lines, and local leaders — have called on Governor Whitmer to act. Their unified message: residents of the 35th District have been without representation for far too long, and democratic principles demand swift resolution.

Detroit Free Press Editorial Board — urged the governor to “call the election immediately.” Read editorial summary
Attorney General Dana Nessel — said she believes the election should be called and that residents deserve representation. WCMU report
Lt. Gov. Garlin Gilchrist II — said voters are “ready” for a special election in mid-Michigan. Midland Daily News
Senate GOP Leader Aric Nesbitt — pressed for dates, including an op-ed calling on the governor to stop delaying. Press release · Detroit News op-ed
Sen. Roger Hauck — called on the governor to announce special election dates. Statement
Sen. Kevin Daley — urged action to ensure 270,000 residents aren’t left without a voice. Statement
Midland City Council — unanimously passed a resolution urging the governor to set a special election. Coverage
Bridge Michigan reporting & commentary — chronicled growing bipartisan complaints and calls to act. News article · Guest commentary
National coverage — highlighted Michigan among states delaying special elections. Washington Post · Newsweek

The Stakes

The lawsuit highlights the issue as one of democratic legitimacy. Every day without a senator, the 35th District is excluded from legislative debates, votes on appropriations, and policy decisions affecting local schools, infrastructure, taxes, and public safety. The plaintiffs contend that this is not a mere political inconvenience, but a direct violation of the principles of representative government enshrined in Michigan’s Constitution.

If the Court agrees, it could issue an order requiring the Governor to act within a set number of days, potentially restoring representation before the end of the current legislative session. Conversely, if the Court finds that the Governor retains broad discretion over timing, it could set a precedent allowing extended — even indefinite — vacancies in the state legislature.

This case thus raises a fundamental question: In Michigan’s constitutional framework, is the Governor a gatekeeper or merely a messenger when it comes to filling legislative vacancies? The answer will determine not just the fate of the 35th District’s residents, but also the boundaries of gubernatorial power in future vacancy disputes.

Case Documents

**Update** [08/29/2025] Governor Issues Writ of Election!

View the key court documents below. The latest will load by default.

...

Failed to load PDF. The document may be unavailable or the URL is invalid.

About Attorney Philip L. Ellison

Philip L. Ellison
Philip L. Ellison is the founder of Outside Legal Counsel PLC and a relentless advocate for making sure government plays by the rules. Based in Hemlock, Michigan, Philip has built his career around one simple notion:

“The Constitution isn’t optional.
— Philip L. Ellison, Attorney

Philip isn’t a member of any political party and his work isn’t ever about partisan politics — it’s about holding public officials accountable when they overstep or ignore the law. Over the years, his lawsuits have changed the way Michigan’s laws work in real, practical ways.

He’s taken on cases that forced counties to return surplus money from tax-foreclosed properties back to the rightful owners. He’s challenged unfair parking ticket practices, restored First Amendment protections, fought for fair treatment in property tax laws, and even stood up for small businesses during COVID-19 shutdowns, arguing the state can’t take away your ability to operate without also paying for the loss.

From open government disputes to class actions that protect everyday people, Philip’s work confirms his strong willingness to tackle the hard cases that others shy away from. And whether he’s in a small township hall or the Michigan Supreme Court, his goal is always the same —protecting the rights of the people and making sure the law works the way it’s supposed to.