Attorneys for Governor Gretchen Whitmer Thursday slapped back against a lawsuit seeking to compel her to call a special election to fill a vacant state senate seat.
The state senate seat representing parts of Saginaw, Bay and Midland counties has been empty since January. Governor Whitmer has said she plans to call a special election, but to date she hasn’t.
Earlier this month, residents in the 35th district filed a lawsuit in the Michigan Court of Claims, asking the court to compel the governor to call an election to fill the seat.
But in the governor’s response to the lawsuit, Whitmer’s attorneys argue the Court of Claims does not have the authority to compel the Governor to act.
“150 years of Michigan Supreme Court doctrine prohibits courts from issuing mandamus or injunctive relief against the Governor,” Whitmer’s attorneys wrote in their legal brief.
The brief also claims the local residents who’ve signed on as plaintiffs in the case lack standing to bring their lawsuit.
As the court fight continues, Republicans accuse the governor of playing politics with the district representing more than a quarter million Michiganders.
Democrats currently hold a one seat majority in the state senate. Republicans believe they can flip the 35th district seat formerly held by Democrat Kristen McDonald Rivet, who resigned the seat after she won the race for the region’s congressional seat.
The 35th district seat has been vacant since McDonald Rivet was sworn into congress.
