LANSING, Mich. — A battleground seat in the Michigan Senate has remained vacant for 11 weeks as state political leaders continue to wait for Gov. Gretchen Whitmer to set dates for a special election to fill the opening.

Former state Sen. Kristen McDonald Rivet, a Democrat, was sworn in as a member of the U.S. House on Jan. 3, leaving the 35th District seat in the state Senate vacant. Wednesday marked 75 days since McDonald Rivet left the Senate, the longest Whitmer has delayed scheduling a special election for a seat in the state Legislature during her six years as governor, according to the conservative political group the Michigan Freedom Fund.

Whitmer's office didn't respond to multiple requests from The Detroit News this week asking about the governor's handling of the vacancy.

Under Michigan law, it's up to the governor to decide when to call a special election — setting dates for a primary election and a general election — when a vacancy in the Legislature occurs.

The 35th District includes portions of Bay, Midland and Saginaw counties. McDonald Rivet, a former Bay City commissioner, won the seat in 2022 by 6 percentage points over Republican former state Rep. Annette Glenn, 53%-47%.

The race for McDonald Rivet's old seat will have significant repercussions. For one reason, Democrats now hold a narrow 19-18 majority in the Senate. If Republicans are able to flip her seat, the breakdown would be 19-19. While Democrats would maintain leadership in the Senate and Lt. Gov. Garlin Gilchrist II, a Democrat, would have the tie-breaking vote if there's a 19-19 tally, Republicans would effectively have veto power by being able to withhold a vote to prevent a tie and Gilchrist's ability to weigh in.

In addition, Michigan will have open races for governor and U.S. Senate in 2026, and the special election could serve as an indicator of where voters stand after the beginning of Republican President Donald Trump's second term in the White House. McDonald Rivet is among a slew of Democrats considering a bid for the U.S. Senate seat being vacated by Sen. Gary Peters, who is retiring.

For weeks, Republicans in the state Legislature, including GOP Senate Minority Leader Aric Nesbitt, have been calling on Whitmer to schedule the special election.

"Gov. Whitmer has failed 270,000 Michigan residents in Bay, Saginaw and Midland counties by not calling a special election for this state Senate seat," Nesbitt said. "It’s clear book tours and talk shows are more important to her than the people of the 35th District."

In 2023, when two Democratic state House members were elected to mayoral posts, Whitmer announced special election dates quickly after their victories were certified. Nov. 7, 2023, was the election date when Democrat Kevin Coleman won a race for Westland mayor and Democrat Lori Stone won a race for Warren mayor. The departures temporarily left the Democratic-controlled House split at a 54-54 breakdown between Democrats and Republicans. On Nov. 22, 2023, Whitmer announced the special elections with a primary on Jan. 30, 2024, and a general on April 16, 2024.

In 2017 and 2018, it was Michigan Democrats who were frustrated with Republican then-Gov. Rick Snyder's handling of a vacancy.

U.S. Rep. John Conyers, D-Mich., resigned from the House on Dec. 5, 2017. Snyder set the special election to coincide with the regularly scheduled 2018 primary and general elections, leaving the 13th Congressional District covering much of Detroit without a representative for 11 months.

A group of voters filed a lawsuit against Snyder over delayed election dates and sought an injunction. In March 2018, U.S. District Court Judge Mark Goldsmith found Snyder was "complying with statutory language."

"This statute provides broad discretion to the governor," Goldsmith added. "It does not contain any particular requirement regarding when the special election is to be held; it only mandates that the governor 'shall call a special election' when a vacancy occurs."

Amid the current 35th Senate District vacancy, Rosie Jones, spokeswoman for Senate Majority Leader Winnie Brinks, a Democrat, said Senate staff continue to manage the 35th District office, respond to constituents and handle casework.

Democratic state Rep. Amos O'Neal has been floated as a potential candidate for the state Senate when the special election is set. In an interview Friday, O'Neal said he's not ruling a Senate campaign out.

Determining the election date is "totally up to the governor," O'Neal added.

"The governor has to make the call," O'Neal said. "It’s not my call.”

But GOP state Rep. Bill G. Schuette contended Whitmer's delay is a "disservice" to the residents of the 35th District who have no one to cast a vote on their behalves in the Senate.

“It’s a complete double standard that the governor is acting under right now," Schuette said, referring to Whitmer's quicker action on two vacant Democratic House seats in 2023.

Schuette is viewed by many as a potential Republican candidate for the 35th District seat in the Senate.

The son of former Attorney General Bill Schuette, Bill G. Schuette said he would evaluate the opportunity once the special election is called.

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