By Nick Smith
Gongwer News Service
A lawsuit against Michigan Gov. Gretchen Whitmer seeking to force a special election for the vacant 35th Senate District seat after months of inaction was dismissed earlier this month, ruled to be a moot point after the call for the election was issued weeks after the litigation was filed.
In an Oct. 3 ruling from Judge James Redford in Anderson v. Whitmer (Docket No. 25-000131) he wrote that that the call for a special election by Whitmer after filing of the lawsuit rendered the plaintiffs' complaint moot.
On Aug. 10, several Mid-Michigan residents filed a lawsuit against Whitmer over the lack of a call for a special election for 35th Senate District for more than 200 days after the seat became vacant (See Gongwer Michigan Report, August 11, 2025).
The plaintiffs argued that Whitmer violated the Constitution by failing to have issued a writ of election for a long period of time, leaving the people of the district unrepresented. The plaintiffs had sought a mandatory injunction requiring the governor to issue a writ of special election and for the scheduling of the election.
Whitmer in response to the lawsuit said the plaintiffs had no standing to seek a judicial order. The governor said the court lacked authority to issue such an injunction, citing constitutional separation of powers (See Gongwer Michigan Report, August 28, 2025).
The following day, Whitmer issued the call for a special election (See Gongwer Michigan Report, August 29, 2025). Further briefings were still ordered in the case (See Gongwer Michigan Report, September 9, 2025).
A status conference was held Sept. 9, at which time an order was issued encouraging the parties to focus on whether the governor's action "renders the plaintiffs' claims moot or otherwise nonjusticable."
"Plaintiffs' complaint sought a declaratory judgment affirming their constitutional right to have a special election called, as well as a writ of mandamus and injunction compelling the issuance of a writ of election and the scheduling of the special election," Redford wrote. "This relief that been granted: the governor has issued a writ of election and the special election has been scheduled. The parties' dispute over whether the governor was required to issue the writ of election is no longer an actual case and controversy; it has become hypothetical. Any decision by the court would be advisory only. Actual-case-and-controversy principles preclude this court from issuing such an advisory opinion."
The special primary election is scheduled for February 3, 2026, and the special general election for May 5, 2026. Six Democrats and four Republicans filed to run.
Gongwer News Service
A lawsuit against Michigan Gov. Gretchen Whitmer seeking to force a special election for the vacant 35th Senate District seat after months of inaction was dismissed earlier this month, ruled to be a moot point after the call for the election was issued weeks after the litigation was filed.
In an Oct. 3 ruling from Judge James Redford in Anderson v. Whitmer (Docket No. 25-000131) he wrote that that the call for a special election by Whitmer after filing of the lawsuit rendered the plaintiffs' complaint moot.
On Aug. 10, several Mid-Michigan residents filed a lawsuit against Whitmer over the lack of a call for a special election for 35th Senate District for more than 200 days after the seat became vacant (See Gongwer Michigan Report, August 11, 2025).
The plaintiffs argued that Whitmer violated the Constitution by failing to have issued a writ of election for a long period of time, leaving the people of the district unrepresented. The plaintiffs had sought a mandatory injunction requiring the governor to issue a writ of special election and for the scheduling of the election.
Whitmer in response to the lawsuit said the plaintiffs had no standing to seek a judicial order. The governor said the court lacked authority to issue such an injunction, citing constitutional separation of powers (See Gongwer Michigan Report, August 28, 2025).
The following day, Whitmer issued the call for a special election (See Gongwer Michigan Report, August 29, 2025). Further briefings were still ordered in the case (See Gongwer Michigan Report, September 9, 2025).
A status conference was held Sept. 9, at which time an order was issued encouraging the parties to focus on whether the governor's action "renders the plaintiffs' claims moot or otherwise nonjusticable."
"Plaintiffs' complaint sought a declaratory judgment affirming their constitutional right to have a special election called, as well as a writ of mandamus and injunction compelling the issuance of a writ of election and the scheduling of the special election," Redford wrote. "This relief that been granted: the governor has issued a writ of election and the special election has been scheduled. The parties' dispute over whether the governor was required to issue the writ of election is no longer an actual case and controversy; it has become hypothetical. Any decision by the court would be advisory only. Actual-case-and-controversy principles preclude this court from issuing such an advisory opinion."
The special primary election is scheduled for February 3, 2026, and the special general election for May 5, 2026. Six Democrats and four Republicans filed to run.
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