270,000 Michiganders Silenced: Governor Whitmer Must Immediately Call Special Election
- Pure Integrity Michigan Elections
- May 28
- 5 min read
By Patrice Johnson, Chair, Pure Integrity Michigan Elections (PIME), May 28, 2025
For 145 days, the 270,000 residents of Michigan’s 35th State Senate District—covering Midland, Bay, and Saginaw counties—have been without a senator representing them in the state senate. Former Senator Kristen McDonald Rivet resigned Jan. 3, 2025, to join the U.S. House, and since then, her constituents have lacked a voice. In the narrowly divided 19–18 Michigan Senate, one vote can shape laws on taxes, education, and budgets. A senator's vote can determine who leads committees, who determines the agendas, and how the state's elections are run.
On April 8, 2025, Governor Gretchen Whitmer confirmed that a special election will occur, but a month and a half has passed and she has set no date, leaving the district unrepresented.
This unprecedented delay undermines democratic principles and is sparking cries of “taxation without representation” from residents and advocates. Pure Integrity Michigan Elections (PIME) urges Governor Whitmer to act immediately and call a special election, restoring the 35th District’s right to representation.
Whitmer’s Track Record of Swift Action, Until Now
Under Michigan Compiled Laws (MCL) 168.634, Governor Whitmer has the authority to call a special election for a state senate vacancy or defer to the next general election, provided it is at least 30 days after the vacancy.
Since becoming governor in 2019, Whitmer has generally acted quickly, taking 17 days or less to call for special elections.
As examples, she called special elections for the 13th and 25th House Districts just 15 days after vacancies occurred in November 2023. The primaries occurred on Jan. 30, 2024, and general elections were held on April 16, 2024, as noted in her press release. In 2022, she announced House special elections on the same day vacancies were reported, and on Jan. 15, 2021, she scheduled elections for the 8th and 28th Senate Districts within 15 days of their vacancies.
The 35th Senate District has been vacant the longest during her tenure at 145 days as of May 28, 2025. This amounts to about 7 times longer than the Governor’s average of 20 days, making it a notable outlier.
Public outrage grows
Protests were held on Feb. 26, 2025, at the Lansing Capitol, and Common Cause Michigan released a statement on April 24, 2025, criticizing Whitmer for missing the May 6, 2025, election. “The people of the 35th Senate District have been without representation for far too long,” Common Cause stated.
The Bay Area, Midland, and Saginaw chambers of commerce joined residents in demanding action.
Taxation Without Representation in a Swing District
The vacancy is a democratic crisis for the 35th District’s 270,000 residents, who lack a voice in a 19–18 Senate where legislation on taxes, education, and budgets hangs in the balance. The district, which supported both Trump and McDonald Rivet in 2024, is a political bellwether, making its absence from the Senate particularly consequential.
The U.S. Constitution’s 14th Amendment, through its Equal Protection Clause and Reynolds v. Sims (1964), upholds “one person, one vote,” yet these residents are denied equal representation. The Michigan Constitution’s Article IV, Section 13, assumes a 38-member Senate, and Article I, Section 2, guarantees equal protection—both undermined by this delay. Federally, Article IV, Section 4, ensures a republican form of government, which is jeopardized when 270,000 Michiganders are left without a senator.
Statements from Senate Minority Leader Aric Nesbitt highlight the urgency. Nesbitt said, “This delay is a political maneuver that disenfranchises an entire district,” suggesting Whitmer’s inaction may stem from fear of a Republican win tying the Senate at 19–19, with Lieutenant Governor Garlin Gilchrist as the tiebreaker.
Why the Delay Is Unacceptable
Whitmer’s 145-day delay is unreasonable compared to her 20-day average and 74-day maximum for prior special elections. Her 2023 House elections, with primaries 90 days post-vacancy and generals 165 days later, set a clear standard. Waiting until the November 2026 general election would leave the seat vacant for 670 days—nearly two years—spanning multiple legislative sessions. Regular election dates on Aug. 5, 2025 (214 days post-vacancy), or Nov. 4, 2025 (305 days), are viable options to restore representation.
Political concerns about a tied Senate cannot justify denying 270,000 residents their democratic rights.
Zelda Harris of Common Cause Michigan stated, “Every day without a senator silences the 35th District’s voices.” In a swing district, this absence could shape Michigan’s legislative future. MFEI asserts that delaying beyond August 2025 is indefensible when Whitmer’s precedent shows elections can occur within 3 to 6 months.
A Legal and Moral Imperative
MFEI demands that Governor Whitmer announce a special election by June 15, 2025, for the Aug. 5, 2025, primary or Nov. 4, 2025, general election, aligning with her 2023 timeline of 90 to 165 days. Failure to act invites legal consequences. A writ of mandamus in the Michigan Court of Claims or Supreme Court could compel Whitmer to fulfill her duty under MCL 168.634, as her discretion must be exercised reasonably. A constitutional lawsuit, citing violations of the Michigan Constitution’s equal protection clause and the U.S. Constitution’s 14th Amendment and Article IV, Section 4, is also possible, as noted by attorney John Bursch.
Take Action Now
The 35th District deserves representation. PIME calls on Michiganders to contact Governor Whitmer at (517) 373-3400 or click here to demand a special election. Share your voice on X with #35thDistrictVoice. Together, we can ensure no Michigander is taxed without representation.
The Michigan Fair Elections Institute is committed to fair elections and democratic integrity. Join us in holding leaders accountable.
Demand a Special Election for the 35th District! Contact Gov. Whitmer Today!
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