Midland, Bay City and Saginaw have been without a state Senator since January.
The lawsuit hinges on one word: Shall. That's according to Attorney Phil Ellison, who filed the lawsuit on behalf of seven residents in the region.
He says the fact that the Michigan constitution says the governor "shall" call special elections means Whitmer is required to take action.
"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."
An attorney for former Michigan Governor Jennifer Granholm disagrees, saying it's been long established in state law that governors have wide latitude to take, or not take, official actions.
The results of the special election could have consequences for Democrats who hold only a one-seat majority in the state Senate.
The governor's office did NOT respond to a request for comment.
