By Nick Smith
Gongwer News Service
The plaintiffs in a lawsuit filed against Michigan Gov. Gretchen Whitmer seeking to have a special Senate election called were granted their request for expedited consideration, while their request for an order to show cause was denied.
Judge James Redford, in a Tuesday order, denied the motion for an order to show cause but approved the plaintiffs' motion for expedited consideration.
"Having reviewed plaintiffs' complaint, their motion and the cited constitutional provision, the Court finds no legal authority to issue an order to show cause." Redford wrote.
"However, expedited consideration is warranted given that plaintiff allege they are being denied elected representation in the Senate in derivation of the Michigan Constitution."
Whitmer was given until noon on August 22 to respond to the plaintiffs' complaint.
If Whitmer files for summary disposition instead of replying to the complaint, the plaintiffs would have until noon on August 29 to file a response brief, with Whitmer having until noon on September 5 to file a reply brief.
A hearing for oral arguments on any pending motions or as a status conference was set for September 12 at 10 a.m. at the Court of Appeals building in Grand Rapids.
Several Mid-Michigan residents filed a lawsuit against Whitmer last weekend, demanding she call a special election for the 35th Senate District seat which has been vacant for more than seven months.
The plaintiffs allege that the governor has violated Article V, Section 13 of the Constitution by failing to have issued a writ of election since the seat became vacant on January 3, 2025, which Sen. Kristen McDonald Rivet, D-Bay City, resigned to enter Congress. They are seeking a writ of mandamus compelling the governor to call a special election.
Gongwer News Service
The plaintiffs in a lawsuit filed against Michigan Gov. Gretchen Whitmer seeking to have a special Senate election called were granted their request for expedited consideration, while their request for an order to show cause was denied.
Judge James Redford, in a Tuesday order, denied the motion for an order to show cause but approved the plaintiffs' motion for expedited consideration.
"Having reviewed plaintiffs' complaint, their motion and the cited constitutional provision, the Court finds no legal authority to issue an order to show cause." Redford wrote.
"However, expedited consideration is warranted given that plaintiff allege they are being denied elected representation in the Senate in derivation of the Michigan Constitution."
Whitmer was given until noon on August 22 to respond to the plaintiffs' complaint.
If Whitmer files for summary disposition instead of replying to the complaint, the plaintiffs would have until noon on August 29 to file a response brief, with Whitmer having until noon on September 5 to file a reply brief.
A hearing for oral arguments on any pending motions or as a status conference was set for September 12 at 10 a.m. at the Court of Appeals building in Grand Rapids.
Several Mid-Michigan residents filed a lawsuit against Whitmer last weekend, demanding she call a special election for the 35th Senate District seat which has been vacant for more than seven months.
The plaintiffs allege that the governor has violated Article V, Section 13 of the Constitution by failing to have issued a writ of election since the seat became vacant on January 3, 2025, which Sen. Kristen McDonald Rivet, D-Bay City, resigned to enter Congress. They are seeking a writ of mandamus compelling the governor to call a special election.
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