MICHIGAN: Whitmer Under Fire for not Calling Special Election for Vacant Senate Seat

Nearly eight months have passed since residents of Michigan's 35th State Senate district lost representation. The district’s former State Senator Kristen McDonald Rivet (D) resigned on Jan. 3 to take her seat in the U.S. House of Representatives after winning Michigan’s 8th Congressional district last November. Gov. Gretchen Whitmer (D) faces mounting criticism and a lawsuit because she has still not called a special election to fill the vacancy, leaving roughly 270,000 residents in parts of Bay, Midland, and Saginaw counties unrepresented in the state’s upper chamber, where Democrats currently hold a razor-tight one-seat majority.

Back in March, Senate Minority Leader Aric Nesbitt (R) called the delay the "longest in modern history" after reviewing decades of records. He pointed to legislation, such as a $3 billion road and bridge funding package and an $800 million income tax cut, as examples where the 35th district's input was missed.

Even the liberal Detroit Free Press editorial board and Attorney General Dana Nessel (D) have urged Whitmer to promptly call the special election.

(READ MORE: Will Voter ID & Proof of Citizenship Be on Michigan's Ballot in 2026?)

Whitmer Refuses to Act

Under the Michigan Constitution, only the governor has the authority to issue a writ of election to fill vacancies. Yet the prolonged delay raises questions about what recourse citizens may have if their governor decides their representation is not a pressing concern—or of no concern at all.

On Aug. 11, Saginaw County Attorney Phillip Ellison filed a lawsuit on behalf of seven local residents to compel Whitmer to call a special election for the district. He argues the governor's inaction disenfranchises voters, "undermines public trust” in the democratic process, and “erodes the legitimacy of enacted laws.”

"In a democratic republic, the absence of representation is not a mere inconvenience—it is a denial of one of the most fundamental political rights," he wrote in the filing. He told reporters that the suit tests the state's Constitution, which mandates that the governor "shall issue writs of election to fill vacancies," even if no explicit deadline is provided.

The complaint demands a court order requiring Whitmer to call the election within seven days, emphasizing that the absence of a senator "silences an entire community in the lawmaking process."

Ellison bases the suit on the plain text of the constitution. Steve Liedel, former chief legal counsel to Gov. Jennifer Granholm (D) and part of Whitmer's transition team, dismisses it as "frivolous," claiming writs of mandamus—court orders mandating action—do not apply to governors under Michigan law. Liedel also argues the lack of a given timeline in the constitution remove the grounds for such an order.

Whitmer, who has called special elections for 10 other legislative vacancies since taking office in 2019, has resisted efforts to impose timelines. In 2022, she vetoed a bill that would have required governors to schedule specials within a set period, arguing it would "tie the hands of future Michigan governors."

However, timelines were rarely necessary because governors did their jobs and issued writs of election within a few weeks of vacancies occurring. In 2023, Whitmer herself called for special elections within days of two Michigan House Members resigning after being elected as mayors.

A Special Election Could Upset Whitmer’s Tight Democrat Majority

McDonald Rivet only won her seat in 2022 by less than 8,000 votes, 53 percent to 47 percent.

Special elections tend to favor the party out of power in the White House. In this case, however, opposition to Whitmer and her liberal policies could spark higher-than-usual Republican turnout in the purple 35th district, which comprises a mix of urban, suburban, and rural areas. If Republicans win, it could galvanize them organizationally for the 2026 midterms.

Nesbitt attributes the holdup to partisan calculations, stating, "I think... [Democrats are] concerned with calling that special election and having a Republican win."

Whitmer never offered an explanation for the delay, promising only vague hints that a special election could come soon. After Ellison filed the lawsuit, she told the press to "stay tuned," promising "news soon" about the issue.

Political analysts have frequently mentioned Whitmer as a viable contender for the 2028 presidential nomination, alongside potential figures like California Governor Gavin Newsom or Pennsylvania Governor Josh Shapiro. Presidential aspirations could incentivize protecting one’s party's legislative leverage to build a record for a presidential run. With Democrats holding control of the senate 19–18, losing the 35th district could derail key aspects of Whitmer’s agenda.

For now, as the delay continues, a key swath of the state’s residents remains without senate representation. Ellison’s case could set a precedent for how vacancies in Michigan are handled in the future. Regardless, it shows a loophole in state law that unscrupulous partisan governors can exploit. The longer Whitmer delays in calling a special election the more it will continue to appear to many as if she’s purposely denying representation to over a quarter million Michiganders out of personal, political ambition.

(READ MORE: Michigan Democrats Woo the Felon Vote)