Summary
- Gov. Greg Abbott filed an emergency petition Aug. 5.
- Seeks removal of Democratic House leader from office.
- Democrats fled Texas to block redistricting efforts.
- The GOP aims to redraw congressional districts, gain seats.
- Democrats remain outside Texas, delaying a special legislative session.
To prevent Republicans from having a quorum to vote on President Donald Trump's proposed redistricting plan, more than 50 Democratic lawmakers left the Lone Star State on August 3. In the upcoming midterm elections, the Republican Party intends to reorganize the state's 38 congressional districts in an attempt to unseat Democrats in five U.S. congressional seats.
Abbott said that the departure of House Democrats, including state Representative Gene Wu, "constitute abandonment of their office, justifying their removal." Abbott filed the action to have Wu removed from office with the Texas Supreme Court.
The governor further alleged that Wu and the Democrats "appear to have solicited and received certain benefits in exchange for skipping a vote, further supporting their removal from office and allegations of bribery." Abbott has ordered the Texas Rangers to investigate whether the Democrats violated bribery laws.
"Representative Wu and the other Texas House Democrats have shown a willful refusal to return, and their absence for an indefinite period of time deprives the House of the quorum needed to meet and conduct business on behalf of Texans,"
Abbott said in a statement.
"Texas House Democrats abandoned their duty to Texans, and there must be consequences."
In response to the lawsuit, Texas House Democrats said the governor "used the law as a weapon to silence his people."
"We took an oath to the constitution, not to a politician’s agenda,"
the Texas House Democrats said in a statement on social media.
Abbott threatened to arrest Democratic lawmakers, the majority of whom fled to Illinois, New York, or Massachusetts, prompting the lawsuit. During a statehouse session in Austin on August 4, state Republican lawmakers decided to issue civil arrest warrants, which his order was intended to compel the fugitive lawmakers to follow.
"To ensure compliance, I ordered the Texas Department of Public Safety to locate, arrest, and return to the House chamber any member who has abandoned their duty to Texans,"
Abbott said in a statement.
But the arrest warrants only apply within the state, and breaking quorum is not a crime that would allow Texas authorities to pursue extradition from other states. Earlier on Aug. 5, Trump said the FBI "may have to" help arrest the lawmakers and return them to their home state.
Abbott has previously maintained that lawmakers who willfully depart and violate quorum can be lawfully dismissed, claiming that this is equivalent to resigning or forfeiting an elected state office.
The governor referenced Texas Attorney General Ken Paxton's 2021 non-binding opinion on Aug. 3, stating that the
"district court may determine that a legislator has forfeited his or her office due to abandonment and can remove the legislator from office, thereby creating a vacancy."
What legal actions can Abbott take after Democrats flee Texas for redistricting?
Abbott has ordered the Texas Department of Public Safety (DPS) to "locate, arrest, and return" absent Democrats to the House chamber to restore quorum. Civil arrest warrants have been signed by House leadership. However, Texas law enforcement's jurisdiction does not extend outside Texas, so this power is limited to arrests within the state.
The state legislature has imposed fines of $500 per day on absent lawmakers under newly approved rules intended to penalize walkouts.
Abbott has petitioned the Texas Supreme Court to declare the seats of absent Democrats vacant, claiming they have abandoned their offices.