Whitmer's Nuclear Option . . . Just Don't Hold the Election
- 4 days ago
- 3 min read
A favorite bipartisan tactic when stakes are high
By Kristine Christlieb, MFEI News & Commentary Editor
August 18, 2025
For more than seven months, voters in District 35 have had no representation in the state Senate. Seven citizens, now plaintiffs, from the district have had enough and filed a lawsuit on August 10, demanding the Governor of Michigan “perform a clear, nondiscretionary constitutional duty: to issue a writ of election to fill the vacancy in the 35th Michigan Senate District.”
The seat has been vacant since January 3, when U.S. Representative Kristen McDonald Rivet (D-Bay City) stepped down to serve in her current position in Congress.
It is up to Governor Whitmer to call a special election to fill the seat, and yet, seven months later, she still has failed to do so, leaving a district with a population of nearly 300,000 people without representation.
The irony of her inaction is not lost on the governor’s detractors. Two years ago, Whitmer signed into law grand-scale legislation expanding voting rights. In her statement Whitmer said, “Voting is the cornerstone of our system of government. . . . Today, I am proud to sign bipartisan legislation implementing the will of the people, ensuring they can make their voices heard.”
State Senator Jeremy Moss (D-Southfield) chimed in, saying the new legislation “sent a clear message to the Legislature: reduce barriers to voting and increase access to the ballot box.”
These are some of the same individuals whose political cronies regularly invoke the specter of “voter suppression” while simultaneously wielding the ultimate voter suppression weapon — refusing to hold an election when one should legitimately be called.
The political motivation behind Whitmer’s inaction is clear as day, and she is not offering an alternative explanation. In April 2025, while assessing ice storm damage in northern Michigan, she told WCMU radio, “At some point there will be one [a special election], but I don’t have an announcement to make yet. I haven’t made a determination yet. There are a number of times in the year that we could call it for, and I just haven’t made a decision yet, but I’ll let you know as soon as I do.”
Critics point out Whitmer has called special elections promptly in the past, averaging 17 days for 10 such elections during her tenure. Most notable was her rapid response in November 2023 for two House seats to restore a Democrat majority. The prolonged delay for the voters in the 35th district is a flashing light of hypocrisy.
These are some of the same individuals whose political cronies regularly invoke the specter of “voter suppression” while simultaneously wielding the ultimate voter suppression weapon . . . refusing to hold an election when one should legitimately be called.
Delaying Elections . . . A Bipartisan Strategy
In 2016 and 2020 voters from Michigan’s 35th state senate district voted overwhelmingly for President Trump. But in 2022, Rivet defeated Republican candidate Annette Glenn by nearly seven points. Since 1965, that seat had been held by the GOP. If Whitmer consulted Vegas, the odds of a Democrat retaining the seat were probably dicey at best. And if the GOP won? It would create an equally divided state senate with only the Lt. Governor’s tie-breaker vote standing in the way of the GOP regaining its legislative footing.
Like a number of governors before her, Whitmer has decided not to roll the dice. Both Mario and Andrew Cuomo (Democrats) used the election delay tactic while governor of New York. While Mario avoided any lawsuits, Andrew was not so lucky. When Gov. Andrew Cuomo refused to call a special election for the 11th Congressional District, a federal lawsuit was filed with a judge ruling the delay violated voters’ rights. When the election was held, Republican Dan Donovan won.
It was the Cuomos who opened the door to the election delay tactic, but it was soon taken up by Republicans as well. In 2018 Wisconsin GOP Gov. Scott Walker refused to call special elections for two state senate seats. Democrats sued; a judge ordered elections. Walker appealed and lost again. Elections were held and both seats were turned over to Democrats.
GOP Gov. Ron DeSantis employed the delay option three times (2021, 2023, 2025). Republican Gov. Greg Abbot missed a March 28 deadline for calling a special election for U.S. House District 18 vacated by Sylvester Turner’s death on March 5. The Harris County district includes approximately 800,000 voters. On April 7, Abbott finally scheduled the special election but is delaying the vote until November 4.
The lesson is pretty clear: in politically risky circumstances, governors from both parties will use election delay tactics. The remedy is equally straightforward: citizens must sue for their right to vote. Why did Michiganders wait so long?
