What Abbott can do about Texas Dems leaving the state
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Texas Gov. Greg Abbott (R) vowed to remove quorum-busting lawmakers from their seats — and even waved the possibility of felony charges — but legal experts say the governor's pronouncements lean more toward political theater than legal certainty.
Why it matters: Abbott's threats reflect the growing tension over legislative gridlock in Texas, in this case about a rare effort to draw new congressional districts midway through the decade.
State of play: More than 50 Democrats have once again broken quorum, denying Republicans the numbers they need to advance their redistricting process.
- In a letter to Democrats on Sunday, Abbott argued that their quorum break "amounts to an abandonment or forfeiture of an elected state office," pointing to a non-binding opinion from Attorney General Ken Paxton.
- The governor also said any Democrat who "solicits, accepts or agrees to accept" funds to assist their absence "may have violated bribery laws."
So far, Democrats appear unfazed by the governor's threats.
- "He's trying to get sound bites and he has no legal mechanism," Houston Rep. Jolanda Jones said in a press conference in New York on Monday.
What they're saying: Andrew Cates, a campaign finance and ethics attorney based in Central Texas, says those threats are largely toothless without court action.
- "The letter was useful for the governor in its shock value and not so much in its legal ramifications," Cates tells Axios. "There's no executive power that allows the governor or the attorney general to simply declare a seat vacated."
How it works: Texas House rules allow absent legislators to be arrested by the sergeant-at-arms, but the enforcement powers apply only within the state.
- "That's why they always flee to places like Oklahoma or Illinois," Cates said. "There's no mechanism to force their return from out of state."
Flashback: Democrats last broke quorum in 2021, when more than 50 lawmakers flew to D.C. during a special session to try to kill a wide-ranging GOP election bill, which ultimately passed.
Zoom in: Paxton's non-binding opinion, which suggests that lawmakers who leave the state could be considered to have vacated their seats, acknowledges that the decision must be made by a judge.
- The attorney general would need to initiate a quo warranto suit and prove that a lawmaker committed an act that "by law, causes a forfeiture of office," Cates said.
- But it could be difficult to prove in court that Democrats have intentionally vacated their seats because of the law's definition of abandonment, Cates says, adding: "They're using the House rules to make a legislative maneuver."
Yes, but: The real test for Democrats will likely come down to cost and public opinion.
- Democrats will incur a fine of $500 per day for their absence.
- "More than anything, all of this is a (public relations) battle," Cates says. "As soon as they see people saying, 'This is no longer productive. You guys need to get back to work,' then they'll come back."
Reality check: Past quorum breaks by Democrats usually haven't ended with arrests — they've ended when lawmakers return and walk back into a newly called special session.