Welcome to the Monday, Aug. 11, 2025, Brew.
By: Lara Bonatesta
Here’s what’s in store for you as you start your day:
- Michigan state Senate seat vacant for 200+ days, compared to the 115-day 14-year average
- Five states have released K-12 Artificial Intelligence (AI) guidance this year
- Did you know that 45 state legislatures define a quorum as a majority of members?
Michigan state Senate seat vacant for 200+ days, compared to the 115-day 14-year average
State Sen. Kristen McDonald Rivet (D), the 35th District’s senator, resigned on Jan. 3, 2025, after she was elected to represent Michigan’s 8th Congressional District. Michigan is one of 25 states that fills state legislative vacancies through special elections, which the governor calls. As of Aug. 8, Michigan Gov. Gretchen Whitmer (D) had not yet scheduled one for this district, leaving the seat unfilled for 217 days.
Among special elections held so far in 2025, California State Assembly District 32 had the longest period between a legislator leaving office and a special election to replace them, at 340 days. That seat became vacant when former incumbent Vince Fong (R) left office on May 24, 2024. The special election was held on April 29, 2025.
We’ll discuss the situation in Michigan more below. But first, let’s compare how long the 35th District has been vacant to other state legislative vacancies.
Historical analysis
Since 2012, the average length of time between the start of a state legislative vacancy and the special election to fill it is 115 days. The average length of state legislative vacancies within individual years ranges from a high of 136 days in 2024 to a low of 90 days in 2014.
Vacancies in districts with Republican incumbents remained open longer, with an average of 113 days. Vacancies in districts with Democratic incumbents remained open for an average of 108 days.
The record number of days between a legislator leaving office and a special election to replace them was 664 days in Illinois Senate District 53. That vacancy occurred when incumbent Jason Barickman (R) resigned on Jan. 11, 2023. The special election was held on Nov. 5, 2024.
The record for the fewest days between a legislator leaving office and a special election to replace them is 0 days, meaning the legislator left office on the same day the special election was held. Since Ballotpedia started collecting this data in 2012, this has happened seven times. In some cases, special elections were also held before a legislator left office.
Since 2012, nearly half (49%) of all state legislative special elections have occurred within 99 days of a legislator leaving office. Roughly 10% of these special elections have occurred more than 200 days after a legislator has left office.
Michigan context
Democrats currently hold a 19-18 majority in the chamber with one vacancy in the 35th District. Michigan has a divided government, as Republicans hold a majority in the House.
The result of a special election could affect control of the chamber. If a Democrat won the seat, the chamber would have a 20-18 Democratic majority. If a Republican won the seat, control of the chamber would be tied. Michigan Advance’s Jordyn Hermani and Hayley Harding wrote, “Democratic Lt. Gov. Garlin Gilchrist would have the power to break a tie, but Republicans could effectively block bills by asking a lawmaker to miss session. In the event of a 19-18 vote, a bill would fail, with no opportunity for Gilchrist to provide the 20th vote necessary for passage.”
In the 2022 general election, the most recent general election in the District, McDonald Rivet defeated Republican candidate Annette Glenn 53.4%-46.6%.
According to the Detroit Free Press, “[S]ince the adoption of the Michigan Constitution in 1963, [Michigan’s] last seven governors ― Democrats and Republicans, from Whitmer to Romney ― took, on average, 14 days to call special elections to fill 113 legislative and congressional vacancies.”
Both Democrats and Republicans have called on Gov. Whitmer to call a special election. Saginaw County Democratic Party Chair Brandell Adams said, “We’re being taxed, but we have no representative in the state Senate. I think that’s egregious.” State Rep. Bill G. Schuette (R) said, “We’re debating serious issues in the state Legislature, whether it’s our state’s budget, how we finally work to fix our roads … People in the Great Lakes Bay region only have half of their voice.”
On Wednesday, July 31, Stacey LaRouche, a representative for Whitmer, told Votebeat, “We expect an announcement will be made in the near future. We will keep you posted.”
There were 1,007 special state legislative elections between 2010 and January 2025, 121 (12%) of which resulted in a change in party control.
Democrats have gained control of 66 Republican districts via special elections. Republicans have gained control of 49 Democratic districts via special elections. Independents gained control of the remaining six districts.
So far this year, three state legislative districts nationwide have changed partisan control: two from Republican to Democratic and one from Democratic to independent.
Click here to learn more about state legislative special elections in 2025.
Five states have released K-12 Artificial Intelligence (AI) guidance this year
A version of this story appeared in Ballotpedia’s Hall Pass newsletter on Aug. 6. Click here to sign up.
Since January, education departments in five states—Georgia, Maine, Missouri, Nevada, and New Mexico—have released AI guidance for K-12 school districts, bringing the total number of states that have issued such guidance to 27.
Most recently, in July, the Missouri Department of Elementary and Secondary Education (DESE) released its “Artificial Intelligence Guidance for Local Education Agencies.” New Mexico released its guidance in May, Nevada in March, Maine in February, and Georgia in January.
Ballotpedia has compiled the 27 guidance documents into a one-stop resource. The documents broadly share the following themes:
- AI literacy
- Bias and ethical concerns
- Privacy and security
- Access
- Academic integrity
- Strategies for AI integration
All the state-level guidance is voluntary, with state education departments saying it is intended to help districts consider how to ethically use or teach AI and provide them with a framework for developing their own policies. A June Gallup poll found that while 60% of teachers used AI during the 2024-25 school year, only 19% said their districts had a formal AI policy.
Since late 2022, when ChatGPT first became widely known and available, the use of generative AI platforms in schools has risen each year. According to an April 2025 Quizlet survey of students aged 14 to 22, 89% reported using AI for schoolwork—up from 77% in 2024.
Because generative AI platforms can quickly create computer code, write essays, solve math problems, and answer questions on seemingly endless topics, district officials and state education leaders have sought to develop frameworks that allow students and teachers to harness the technology while curbing cheating and other illicit uses.
According to the Education Commission of the States (ECS), at least 20 states have introduced bills related to AI and education this year. Mississippi lawmakers passed SB 2426, which created an AI task force.
Hall Pass has featured debate over the use of AI in classrooms here, here, here, and here.
Click here to read more about each state’s K-12 AI guidance.
Did you know that 45 state legislatures define a quorum as a majority of members?
A quorum is defined as the minimum number of members required to conduct official business. In the Aug. 6 Brew, we brought you a story out of Texas about how Democrats in the state House left the state to prevent a quorum, stopping the chamber from voting on a proposal that would create five more Republican-leaning U.S. House districts.
If Texas had a majority quorum requirement, the Democrats’ legislative walkout likely wouldn’t have succeeded at stopping the vote, since Republicans hold a majority in the House. However, Texas is one of four states—the others being Indiana, Oregon, and Tennessee—that define a quorum as two-thirds of members.
Although they are relatively rare in American politics, the higher quorum threshold has historically made it more likely that walkouts occur. Eleven of the 15 noteworthy walkouts since 1924 happened in states like Texas with a two-thirds requirement.
Learn more about quorum requirements and noteworthy state legislative walkouts here.