Lawsuit Filed to Force Special Election and Restore Representation to Michigan’s 35th Senate District

For Immediate Release | August 10, 2025
https://olcplc.com/public/media?1754858362

On behalf of seven residents from Saginaw, Midland, and Bay Counties, Outside Legal Counsel PLC filed a verified complaint in the Michigan Court of Claims, seeking a writ of mandamus compelling Governor Gretchen Whitmer to issue a special writ of election and restore representation to the people of Michigan’s 35th State Senate District—encompassing Saginaw, Midland, and Bay counties.

A copy of the lawsuit can be accessed here.

Since January 3, 2025, when Senator Kristen McDonald Rivet was sworn into the U.S. Congress, the 35th District — a region representing approximately 270,000 residents — has been without a state senator. Article V, § 13 of the Michigan Constitution places the duty to act upon the governor: “The governor shall issue writs of election to fill vacancies in the senate or house of representatives.”

"This isn’t about politics; it’s about the Constitution and the Michigan Constitution isn’t optional, said Philip L. Ellison, attorney for the plaintiffs. “Every day this seat stays empty with no plan for fulfillment is another day 270,000 people are silenced in Lansing.”

The suit seeks:
  • A writ of mandamus compelling the governor to issue the writ of election within seven days of the court’s order.
  • A declaratory judgment that the failure to do so violates the Michigan Constitution.
  • An injunction requiring the scheduling of a special election at the earliest practicable time.
Ellison, known for regularly and successfully litigating constitutional cases involving property rights, government accountability, and due process, emphasized the broader principle at stake: “The people’s right to representation is foundational to our democracy. We will fight to ensure that right is honored.”

For more information about the lawsuit, visit www.olcplc.com/cases/35thDistrict.

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