Democrats could potentially face fines, felonies, and removal from office, according to state Republicans.
DALLAS—Texas Democrats defied Gov. Greg Abbott’s call to return to the state for an Aug. 4 hearing on redrawing congressional district lines, setting up a showdown between the two sides.
Texas House Speaker Dustin Burrows announced that a quorum had not been met after roll call. House members then approved a motion for the speaker to sign warrants “for the civil arrest” of the members who said they would not be there.
Democrats had been threatening to leave the state for weeks over the redistricting issue. Beyond a civil arrest warrant, Abbott warned that they could now face removal from office and could face felony charges for raising money to help pay for fines they may face.
Here’s what to know about the escalating standoff.
Texas GOP Plans
The fight started when the Department of Justice (DOJ) sent Abbott a July 7 letter raising concerns that four congressional districts in the Houston and Dallas areas were unconstitutional because of “racial gerrymandering.”
Current boundaries run afoul of the Voting Rights Act by relying on racial demographics to group minority voters into “coalition districts,” where no single racial group forms a majority, according to the DOJ.
The DOJ pointed to a recent Supreme Court decision requiring states to show a compelling interest to justify such configurations.
After Abbott received the DOJ’s letter, redistricting was added to a list of topics to be addressed during the 30-day special legislative session called by the governor.
The districts in question, the Ninth, 29th, and 33rd, are currently held by Democratic Reps. Al Green, Sylvia Garcia, and Marc Veasey, respectively. The 18th district is currently vacant; it was held by Democrat Sheila Jackson Lee until her death last year.
The map proposed by Republicans to address the DOJ concerns would create five Republican-leaning districts that would also affect districts in San Antonio, Austin, and South Texas.
For example, the proposed map would combine Austin area districts held by Democratic representatives Lloyd Doggett, of the 37th District, and Greg Casar, of the 35th District, setting up the potential for a primary contest.
Democrats Walk Out
Democratic lawmakers followed through on threats to flee the state to block the redistricting bill scheduled for debate in the Texas House; at least 51 left for Chicago on Aug. 3.
Texas Democrats alleged that the redistricting plan is an attempt by Republicans to maintain control of the U.S. House in the upcoming midterm elections.
“This is not a decision we make lightly, but it is one we make with absolute moral clarity,” state Rep. Gene Wu, chair of the Texas House Democratic Caucus, said in a statement.
Texas Democrat Ann Johnson, who represents parts of the Houston area, acknowledged on X that breaking quorum was an “exceptional and extraordinary act of last resort.”
“Texas Democrats will stand up and protect democracy, even if it comes at a great cost,” she said.
Alleged Felonies and Removal
In a letter aimed at state Democrats, Abbott said that absences from the special session to break quorum were “premeditated for an illegitimate purpose.”
By blocking a vote on a redistricting plan, Democrats “abdicated” their duties under the Texas Constitution, he said.
The Republican governor accused the Democrats of abandoning their duty to attend the session and said such conduct gave him the power to remove and replace them.
“I will invoke Texas Attorney General Opinion No. KP-0382 to remove the missing Democrats from membership in the Texas House,” Abbot’s letter reads.
Abbott alleged that state Democratic lawmakers may also have committed felonies by leaving.
Democrats who solicit funds to evade fines incurred under House rules could face legal action if they “solicit, accept, or agree to accept” money to assist in violating legislative duties, he said.
Republican state Rep. Steve Toth told The Epoch Times that if Democrats say they are merely taking in campaign contributions, then the money cannot be used to pay the fines either.
Toth said he hopes Abbott and Paxton seek legal action against the Democrats.
“If we do not throw at them everything in the law that we’re allowed to do, shame on us,” he said.
Toth also questioned Democrats’ complaint about Texas and said some Democratic-led states have no Republican representation in Congress at all.
“The six New England states have zero Republican representation in Congress. So you’re talking about 21 seats,” he said.
Jonathan Hullihan, a Texas attorney for conservative watchdog group Citizens Defending Freedom, said that enforcement of Abbott’s threats faces “significant legal and practical hurdles” since there would certainly be legal challenges, making a swift resolution unlikely.
Hullihan told The Epoch Times that although the idea behind redistricting could help add GOP seats, it could also increase opportunities for Democrats.
“The current map was designed for incumbency protection, with almost every Republican member of the U.S. House winning by about a 25 percent to 30 percent margin in 2024,” he said.
The new districts would be made up of roughly 55 percent Republicans compared with 45 percent Democrats, Hullihan said.
“These newly competitive districts could become vulnerable with well-funded Democratic candidates,” he said.
Attorney General Ken Paxton’s 2021 nonbinding opinion states that although Texas courts recognize that a vacancy may occur by abandonment of office, determining whether abandonment occurred would fall to the courts.
Paxton’s opinion responded to Democrats leaving Texas that year to deny Republicans a quorum during a special session on election laws.
The Texas Supreme Court ruled that year that House leaders had the authority to “physically compel the attendance” of missing members, but Democrats were not forcibly brought back to the state after warrants were served that year.
In 2023, Texas Republicans passed new House rules that allow daily fines of $500 for lawmakers who don’t show up for work, at the discretion of the state speaker of the House.
Tit for Tat
Democratic governors in blue states such as California, Illinois, and New York have threatened to redistrict their states to favor Democrats as a countermeasure.
The Democratic National Convention announced on July 28 that it will be sending some 250,000 texts to voters and readying 30,000 grassroots organizers to reach persuadable Republican and independent Texans in key districts.
New York Gov. Kathy Hochul vowed on Aug. 4 to explore ways to redraw the state’s congressional maps in response to Texas’s mid-cycle redistricting efforts, saying she supports the Texas Democrats who fled.
“We are in solidarity with every one of you,” she said at a press conference.
Likewise, Illinois Gov. JB Pritzker said he would do everything possible to protect the Texas Democrats from any consequences, saying they were protecting voting rights.
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