Governor Files Response in 35th District Senate Vacancy Case; Plaintiffs Immediately Reply, Stressing Constitutional Duty

For Immediate Release | August 28, 2025
https://olcplc.com/public/media?1756423932

Today, Governor Gretchen Whitmer filed her first formal response in the Court of Claims to the lawsuit brought by seven residents of Michigan’s 35th Senate District over her unprecedented 235-day delay in calling a special election. Within hours, Plaintiffs—represented by Outside Legal Counsel PLC—filed a comprehensive reply brief, underscoring that the Governor’s excuses amount to lawlessness and that nearly 270,000 citizens continue to be denied their constitutional right to representation.

The Governor’s filing notably concedes she has a constitutional duty to issue a writ of election but vaguely asserts she “fully intends” to act at some unspecified point in the future. Plaintiffs argue that such an unsubstantiated claim—without affidavit, timeline, or explanation—is legally meaningless and cannot overcome the Michigan Constitution’s clear mandate that the Governor “shall issue writs of election” to fill vacancies.

“The Constitution commands action, not promises easily made and easily broken,” said attorney Philip L. Ellison of Outside Legal Counsel PLC. “Governor Whitmer’s delay is not deliberation—it is dereliction. Every day that passes is another day 270,000 Michigan citizens are deprived of their rightful voice in the State Senate.”
Key points emphasized in the reply brief:

  • The vacancy has remained unfilled since , the longest delay in state history.

  • Governors of both parties have historically acted within days or weeks, with the previous record delay being 90 days.

  • The Governor’s assertion of intent lacks any supporting affidavit, timeline, or explanation.

  • Michigan law recognizes that mandamus lies against state officers—including the Governor—when a constitutional duty is purely ministerial.
The case, Anderson v. Whitmer, asks the Court to declare the Governor’s inaction unconstitutional, issue a writ of mandamus compelling her to call the election within seven days, and restore democratic representation for the people of Saginaw, Midland, and Bay counties who make up the 35th Senate District.

Plaintiffs’ prompt turnaround reply underscores the urgency to restore representation: “Disenfranchisement of a quarter-million citizens is intolerable in a constitutional republic. The Governor’s failure to act cannot be excused or ignored.”

Full case information and filings: www.olcplc.com/cases/35thDistrict/.

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