Governor Whitmer Finally Calls Special Election — Thanks to Lawsuit by Outside Legal Counsel

For Immediate Release | August 29, 2025
https://olcplc.com/public/media?1756485230

For more than eight months, the people of Bay, Midland, and Saginaw counties were left without a voice in Lansing. The 35th Senate District — home to nearly 270,000 Michiganders — sat empty while critical issues were debated and voted on in the State Capitol.

Today that silence finally ended.

Governor Gretchen Whitmer has now called a special election to fill the vacant seat, scheduling the primary for February 3, 2026 and the general election for May 5, 2026.

While the Governor’s announcement frames the move as a routine exercise of executive authority, the reality is that this long-delayed action did not happen on its own. It happened because a team of citizens working with counsel at Outside Legal Counsel PLC stepped forward, challenged the inaction in court, and forced the Governor’s office to confront its constitutional duty.

Outside Legal Counsel’s lawsuit was the driving force behind today’s announcement. By boldly filing in court, OLC reminded the Governor — and the public — that Michigan’s Constitution is not optional, and that leaving nearly a quarter-million residents voiceless was an unacceptable violation of the fundamental right to representation.

“This is the power of the Constitution when enforced by dedicated citizens and legal advocacy,” said Philip L. Ellison, principal attorney at Outside Legal Counsel. “For months, Lansing ignored the problem. Our lawsuit made it impossible to ignore any longer. Today’s election call is proof that the law, when pushed forward with persistence and courage, works.”

The Governor’s decision now ensures that citizens of the 35th District will soon regain their rightful representation. But it also stands as a testament to the role of Outside Legal Counsel’s unique brand of constitutional litigation — aggressive, strategic, and unafraid to hold even the state’s highest officials accountable.

“Without strong legal pressures, this election would still be an open question, and the people of Mid-Michigan would remain voiceless,” stated Ellison. “Instead, because of this litigation, the Constitution was honored and democracy has been restored.”

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