Legal Action Pressures Special Election Call in Michigan
A group of residents in Michigan has initiated a lawsuit to compel Governor Gretchen Whitmer to organize a special election for a vacant state Senate position. The state Senate seat, representing Midland, Bay City, and Saginaw, has been unoccupied since January.
The core of the lawsuit revolves around the term “shall,” as explained by Phil Ellison, the attorney representing the seven residents involved in the case. According to Ellison, the Michigan constitution’s use of the word imposes an obligation on the governor to act. “Shall in legal parlance means the person that’s been directed by the law, in this case the constitution to do something, the shall do something, means you have no discretion. You must do it,” he stated.
However, legal precedent may complicate the lawsuit’s success. Steven Liedel, who served as a legal advisor to former Michigan Governor Jennifer Granholm and is not involved in the current legal proceedings, pointed out that since 1874, the Michigan Supreme Court has consistently ruled that mandamus actions—those seeking to force the governor to take or abstain from specific actions—are not entertained by the courts. “The courts just won’t entertain those actions,” Liedel commented.
The outcome of this special election holds significant weight as it could potentially alter the slim one-seat majority that Democrats currently hold in the Michigan state Senate. Despite the pressure, Governor Whitmer has repeatedly expressed her intention to call for a special election but has yet to specify when. This indecision marks the longest she has hesitated to announce an election for a vacant legislative seat during her tenure. The governor’s office has not provided any comments regarding the lawsuit.
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