The problems awaiting Texas Democrats if they return
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Texas state lawmakers board a bus on Aug. 3 in Carol Stream, Illinois.
Texas Democrats may have fled the Lone Star State to avoid a critical redistricting vote, but potential problems await them once they return.
The big picture: Political backlash, fines and legal challenges are all on the table if the departed Democrats don't make their way back to Texas soon.
The latest: After Democrats did not return to Texas on Wednesday afternoon, the state House voted to issue civil warrants for those lawmakers to return to the state. Texas Gov. Greg Abbott (R) ordered their arrests shortly afterwards.
- "Texas House Democrats abandoned their duty to Texans,"Abbott said in a statement, adding: "There are consequences for dereliction of duty."
- Abbott previously gave Democrats a 3 p.m. CT deadline to return or face "legal consequences."
- Texas Attorney General Ken Paxton said in an X post Monday afternoon that Democrats will "be swiftly arrested, punished, and face the full force of the law."
Driving the news: More than 50 Democratic lawmakers left Texas to prevent the GOP from holding a vote in the state House on a new congressional district map. A good chunk of Dems traveled to three blue strongholds —Illinois, New York and Massachusetts.
- The vote — a response to a President Trump-led move to rewrite the districts ahead of the 2026 midterm elections — could net Republicans up to five seats.
- Texas House rules require two-thirds of lawmakers — or 100 out of the 150 elected positions — to be present for any vote. Republicans hold 88 of the seats, Democrats have 62 and none of the representatives are Independents.
What happens to Texas Democrats who left?
By the numbers: Democrats face a $500 daily fine for each day they are absent without leave. If they run out the clock on the special session — which ends on August 19 — that would mean thousands of dollars in fines for each member.
- The punishment was added in 2023 after the Democrats left the state for three weeks in 2021 over a voting rights bill.
- The fines can not be paid "from funds in the member's operating account or from funds accepted as political contributions," according to Texas law.
Political risks exist, too. The redistricting vote was set to take place during a special session that would have featured discussions on flood management over the July 4 deadly flooding in Central Texas, as well as THC regulation.
- Redistricting was added after Abbot held a phone call with Trump, Axios' Alex Isenstadt and Megan Stringer report.
Will Texas Democrats be removed from office?
Context: Abbott said in a Sunday statement that he planned to "remove the missing Democrats from membership in the Texas House" if they weren't back by Monday afternoon.
- Abbott cited a 2021 opinion from Paxton which said legislators who intentionally break quorum could be removed through a quo warranto legal proceeding.
- The Texas governor also said anyone who solicits or accepts funds to cover the fines could be subject to the state's bribery laws. "I will use my full extradition authority to demand the return to Texas of any potential out-of-state felons," Abbott said.
Reality check: It's unclear if Abbott would (or could) really remove the lawmakers from office. Any potential removal from office would be met with legal challenges, and opinions issued by an attorney general are not considered legally binding.
- Illinois Gov. JB Pritzker, joined by fleeing Texas Democrats at a Sunday press conference, said that the state would work to help the lawmakers however possible.
- "We're going to do everything we can to protect every single one of them," Pritzker said.
What happens to the Texas special session?
Zoom out: The Democrats' decision to flee puts the current special session at risk.
- If they don't return on or before August 19, the 30-day special session would conclude without any votes, and it would expire. Abbott would have to call for another one.
What's we're watching: Paxton said on the "War Room" podcast with Steve Bannon, that he believes the Democrats will eventually return to Texas.
- "It's been a challenge in the past, but in the end, as long as the governor is willing to keep calling sessions, ultimately they have to come home," he said.
Go deeper: What Abbott can do about Texas Dems leaving the state
