LANSING, Mich. (Michigan News Source) – A judge ordered Governor Gretchen Whitmer to respond to a lawsuit seeking a special election for a vacant Michigan Senate seat, and she has until noon on Friday, Aug. 22 to do so.

Michigan’s 35th Senate District seat has sat empty since Jan. 3 after U.S. Rep. Kristen McDonald Rivet (D) assumed her newly won seat in Congress.

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The governor is the only politician in Michigan who can call a special election; Whitmer has refused trigger the election to fill McDonald Rivet’s former seat that represents 270,000 people in the Bay City, Saginaw, and Midland areas. Some speculate Whitmer is dragging her feet because of the risk of that seat being flipped from Democrat to Republican. That would propel the Senate into an even split of Democrats and Republicans to spar with the GOP House.

Outside Legal Counsel PLC filed the complaint in the Michigan Court of Claims this week which would compel Whitmer to call the special election. In addition, Judge James Robert Redford gave a timeline for both parties in the lawsuit. If Whitmer responds to the lawsuit by Aug. 22 and files a motion, Outside Legal Counsel must respond by Aug. 29 with Whitmer’s reply due by Sept. 5.

A court hearing is also scheduled for Friday, Sept. 12 at 10 a.m.