Dave Bondy

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Judge orders Gov. Whitmer to respond to lawsuit over vacant Senate seat

Residents say Whitmer’s delay in calling special election has left 270,000 without representation for more than 200 days

Dave Bondy

August 12, 2025

LANSING, Mich. — A Michigan Court of Claims judge has ordered Gov. Gretchen Whitmer to respond to a lawsuit accusing her of violating the state constitution by failing to call a special election to fill a vacant state Senate seat.

The order, issued this week, sets a hearing date in the case brought by residents of Michigan’s 35th State Senate District. The plaintiffs — voters from Bay, Midland and Saginaw counties — argue that Whitmer’s inaction has unlawfully left about 270,000 residents without representation for more than 200 days.

The seat has been vacant since Jan. 3, when then-Sen. Kristen McDonald Rivet resigned to join the U.S. House of Representatives. The Michigan Constitution says the governor “shall issue writs of election to fill vacancies in the senate or house of representatives.” The plaintiffs contend that the language is mandatory and that Whitmer has no authority to delay indefinitely.

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They are seeking a writ of mandamus — a court order requiring a public official to perform a clear, nondiscretionary duty — along with a ruling declaring the governor’s inaction unconstitutional and compelling her to schedule a special election immediately.

Historically, governors from both parties have acted quickly to fill legislative vacancies, often aligning special elections with existing election dates. In 2023, Whitmer called two House special elections within days of resignations. Under former Gov. Rick Snyder, vacancies were typically filled within months.

The delay has drawn bipartisan criticism, including from Attorney General Dana Nessel, Lt. Gov. Garlin Gilchrist II, Senate GOP Leader Aric Nesbitt and local officials. The Midland City Council passed a resolution urging Whitmer to act, and editorial boards and national media have also raised concerns.

The lawsuit argues the prolonged vacancy undermines democratic representation by excluding the district from votes on budgets, education, infrastructure and other key issues. The court’s decision could determine whether Michigan governors have broad discretion over the timing of special elections — or a constitutional duty to move quickly.

Gov. Whitmer or her office have not responded to my request for a comment.

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LANSING — State Rep. Dave Prestin, R-Cedar River, announced Tuesday that his legislation to stop the Michigan Department of Natural Resources (DNR) from trespassing on private property without a warrant has passed the House with bipartisan support.

The plan would require DNR conservation officers to obtain a search warrant before entering private land, except in cases where they have permission, see evidence of a crime in plain view, or face exigent circumstances — the same standard followed by most other law enforcement agencies in the state.

Prestin said the change is needed to protect landowners from what he described as years of DNR overreach.

“The DNR insists that they only enter with probable cause, but that is just a flat-out lie,” Prestin said. “They never bother to explain to anyone what their probable cause was, because in most instances, it came from an anonymous 1-800 tip line that serves as a convenient method for conservation officers to weaponize neighbor and land disputes.”

The Cedar River lawmaker said he’s heard numerous complaints from residents about conservation officers “hopping fences, cutting locks, placing surveillance cameras, and walking 60 to 80 acres onto land” despite posted “no trespassing” signs.

Prestin shared examples of alleged incidents, including officers entering property after hearing gunshots, harassing hunters over bait containers, and cutting locks to gain access without notifying landowners or paying for damages.

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“When people get the courage to stand up to the department and speak out against them, the department issues a warrant for their arrest,” Prestin added. “Too many hunters and property owners are being harassed on their own land.”

The DNR has long cited the “Open Fields Doctrine” — a legal precedent allowing limited entry onto private land without a warrant — as justification for its actions. Prestin’s plan would effectively close that loophole in Michigan, aligning DNR procedures with other state law enforcement agencies.

“This bill simply requires the department to put it on paper: Knock on the door or get a warrant,” Prestin said. “The DNR will still be able to protect our public resources without infringing on the rights of the public.”

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