Honigman Capitol Report

Governor's Office

Upcoming Governor Election Historic

The year 2026 marks a historic moment for Michigan as it is the first time that both the statewide elected positions and a U.S. Senate race are open simultaneously.  Historically, Michigan voters did not directly elect their U.S. senators until 1918, with the state legislature selecting senators based on primary nominees prior to that year.  The 1918 election was notable for featuring Republican Truman Newberry against Democrat Henry Ford, succeeding retiring U.S. Senator William Alden Smith.  Since then, Michigan has held 35 U.S. Senate elections, with only five featuring two major party candidates who were not incumbents, occurring in 1936, 1976, 1994, 2014, and 2024.  The rarity of open U.S. Senate elections is attributed to senators typically running until they lose or die, with only three voluntarily retiring at the end of their terms before Gary Peters, who will retire on December 31. From 1919 to 2026, only 18 individuals have served as U.S. Senators from Michigan, with current senators being Gary Peters and Elissa Slotkin.  In contrast, 20 people have served as Michigan's Governor since 1918, with only 10 open primaries occurring in that time.  Every Michigan governor since 1918 has sought reelection after their first term, with no governor serving only one term and retiring. Challengers defeating incumbents have been relatively common, with eight governors winning their terms this way.  The simultaneous occurrence of open governor and U.S. Senate races is unprecedented until now.

Committee News

Nessel Claims House Appropriations Committee Work Project Denials Unconstitutional

Attorney General Dana Nessel opined that the law used by the Republican-led House Appropriations Committee to deny $645 million in carryover funding through the "work project" process is unconstitutional.  Nessel's opinion holds legal weight unless overturned by the courts.  House Speaker Matt Hall plans to sue to preserve the law, which he has frequently praised.  Deputy Budget Director Kyle Guerrant informed department heads that they could fund the denied work projects if proper procedures are followed.  Nessel's 29-page opinion argues that the law allowing a single legislative committee to negate the state Budget Director's work-project designations creates an unconstitutional "legislative committee veto" that interferes with the executive branch's duty to execute laws.  The opinion was issued in response to a request from Senate Appropriations Chair Sarah Anthony following a House Appropriations Committee vote to disapprove nearly $645 million in state funding.  Governor Gretchen Whitmer had also expressed concern about the committee's actions.  Anthony described the opinion as a "lifeline" for non-profit organizations and local governments affected by the funding denial. House Speaker Hall criticized the opinion as a "rigged political decision" and vowed legal action, asserting that Michigan taxpayers need someone to challenge what he views as an incorrect interpretation of the law.  The full opinion can be found here.

Election News

Duggan’s Impact on Election Uncertain

Mike Duggan's potential independent candidacy in the 2026 Michigan elections could present a unique scenario, as it may offer a viable third-party option not clearly aligned with a major political party, a situation not seen since the early 20th century.  Historically, third-party candidates like those from the Progressive and Greenback parties have influenced down-ballot races by splitting votes, which affected the outcomes of other offices such as secretary of state and attorney general.  Duggan, a former Democrat, could potentially disrupt the traditional Democratic base, possibly drawing more Democratic voters, especially in Detroit, while also making some Republican voters reconsider their affiliations.  However, the impact on down-ballot races may be limited, as recent trends show that the success of candidates for offices like secretary of state and attorney general is more dependent on party base strength rather than the gubernatorial candidate's performance.  With political parties becoming more aligned, the differences in performance among candidates of the same party have narrowed, suggesting that Duggan's candidacy might not significantly alter the outcomes of down-ballot races.

On Point

Press Release: Two Michigan Property Tax Abatement Programs Face December 31, 2025 Sunset Absent Legislative Action

Looking Ahead

A major shift in the 2026 Democratic Party primary, Lieutenant Governor Garlin Gilchrist has dropped his bid for Governor and will now run for Secretary of State. The field will now include Gilchrist, Ingham County Clerk Barb Byrum; former Lottery Commissioner Suzanna Shkreli; former State Senator Adam Hollier; and Deputy Secretary of State Aghogho Edevbie. The field could continue to shift with wide speculation that some of the opponents in the race for Secretary of State will be dropping out later this week.

Gilchrist’s exit from the primary for Governor leaves Secretary of State Jocelyn Benson and Genessee County Sheriff Chris Swanson vying for the nomination. Benson continues to dominate fundraising totals in the primary with end of year totals due by January 31.