AUSTIN, Texas (AP) — In a bold move to disrupt a vote on the redrawn congressional map, a multitude of Texas Democratic lawmakers fled the state. Almost immediately, Texas Republicans began hurling threats of severe fines, potential arrests, and even calls for their removal from office.
Despite these ultimatums from Governor Greg Abbott and other GOP leaders, many legal barriers complicate any serious repercussions. Meanwhile, the Democrats’ escape won’t likely stop Republicans from pushing through the congressional map aimed at boosting support for Donald Trump in 2026.
Even Republican Attorney General Ken Paxton acknowledged the hurdles in enforcing punishment against officials who are currently outside of Texas where they are out of reach of local law enforcement. With their bases set up in states with Democratic leadership, it complicates any attempts by Texas authorities to intervene.
Paxton, who is also running for a U.S. Senate seat, among the earliest to suggest arresting the fleeing lawmakers, later admitted that enforcing their threats was quite challenging. “Until they come back to Texas, it’s tricky to act on those warrants,” he mentioned during an interview with conservative podcaster Benny Johnson. “That’s why they pick states like these—it’s hard for us to work with those states’ laws,” he added.
In response, U.S. Senator John Cornyn, preparing for the GOP primary next year, urged the FBI to assist Texas in locating the missing lawmakers.
The departing Democrats made their move to avoid a quorum, crucial for conducting the scheduled vote on the updated voting landscape for the House. As Republicans target to gain five more seats in the upcoming midterms, their absence left the Texas House of Representatives, with a Republican majority of 88-62, stagnant without the requisite 100 members to proceed.
This marks the second time in just a few years that Democrats employed this tactic, having done so during a congressional redistricting battle in 2003 and again regarding election legislation last year. Unfortunately for them, whenever they have returned, Republicans have typically pushed their measures through easily.
With the special legislative session set to conclude on August 20, Governor Abbott has the option to continue calling lawmakers back to vote on the redistricting bill whenever he sees fit.
The Texas House rules stipulate a fine of $500 per day for any absent lawmakers. They’ve also gone so far as to issue civil warrants for their arrests, pressuring law enforcement leaders to locate and bring them back within session. Abbott has additionally directed state troopers to engage in the search.
Moreover, Abbott raised the possibility of ousting lawmakers for being absent. This approach would delve into uncharted legal territory, usually resulting in a drawn-out process.
In a 2021 nonbinding opinion, Paxton suggested that states could bring about lawsuits to declare those lawmakers’ positions vacant. However, this venture would entail mounting individual cases against each absentee lawmaker, often in courts viewed as unsympathetic to their party’s interests, making it a time-consuming proximity challenge.
Despite the challenges, Paxton indicated he would pursue the lawsuits if Democrats did not return by the deadline set for Friday. “Their departure signifies a dereliction of duty in responding to the House’s call,” stated Paxton.
Some prominent Republicans opted for a more moderate approach, reluctant to call for aggressive actions against the missing lawmakers. State Senator Charles Perry shared, “We’ll see how it unfolds. Removing officials from the Legislature isn’t a simple task.”
Abbott took further action by commissioning the Texas Rangers to investigate possible bribery involved in hiding away the Democrats who absconded, insinuating anyone supporting their departure may be held accountable legally.
Democrats leaving behind includes Rep. James Talarico, who openly mobilizing resources and encouragement for public donations to fund their absence strategies. “We need support for this quorum break, and citizens have stepped up with contributions,” Talarico noted, emphasizing the grassroots nature of their fight.
Legal scholars like David Froomkin from the University of Houston expressed skepticism over the legality of both the ousting and bribery allegations, suggesting threats imply an attempt to scare away dissenters rather than actual practical law enforcement actions.
“The aggressive maneuvers we’re witnessing now are unprecedented in quorum battles. Incumbents are moving towards leveraging their power more fiercely amid these dynamics,” Professor Froomkin remarked.
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Nadia Lathan in Austin, John Hanna in Topeka, Kansas, and Joey Cappelletti in Washington contributed to this report.
