Update: Tuesday, August 12, 2025, 5:14 p.m.
The judge handling a lawsuit seeking to compel Governor Gretchen Whitmer to call a special election for a vacant state Senate seat has given the governor's office 10 days to respond to the legal complaint.
In an order dated Tuesday, Michigan Court of Claims Judge James Robert Redford said he was setting an accelerated timeline.
"Expedited consideration is warranted given that plaintiffs allege they are being denied elected representation in the Senate in derivation of the Michigan Constitution," Redford's order reads. "Defendant is directed to respond to the August 10, 2025 complaint and August 11, 2025 motion by 12:00 noon, Friday, August 22, 2025."
The judge set a hearing on the lawsuit for September 12.
The seat in question has been vacant for more than 200 days.
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Original story: Tuesday, August 12, 2025, 7:14 a.m.
A lawsuit has been filed to pressure Governor Gretchen Whitmer to call a special election for an open state Senate seat.
Midland, Bay City and Saginaw have been without a state Senator since January.
The lawsuit hinges on one word: Shall. That's according to Attorney Phil Ellison, who filed the lawsuit on behalf of seven residents in the region.
He says the fact that the Michigan constitution says the governor "shall" call special elections means Whitmer is required to take action.
"Shall in legal parlance means the person that's been directed by the law, in this case the constitution to do something, the shall do something, means you have no discretion. You must do it."
Attorney Steven Liedel was part of former Michigan Governor Jennifer Granholm's legal counsel and is not part of this suit. He says state law in cases like this is clear.
"Since 1874, the Michigan Supreme Court has held that no one can bring a mandamus action, an action to compel the governor to do or not do something. The courts just won't entertain those actions," Liedel said.
The results of the special election could have consequences for Democrats who hold only a one-seat majority in the state Senate.
The Democratic Governor has said multiple times she plans to call a special election but has never given a timeline. This is the longest Whitmer has waited to call an election for a vacant seat in the legislature.
The governor's office did not respond to a request for comment.
