Two hours later, Texas Attorney General Ken Paxton sent a letter to the court, arguing that only attorneys general and county prosecutors have the authority to file petitions to remove lawmakers from office. Paxton said he intended to "pursue all available judicial remedies" to vacate the seats of House Democrats who are still absent on Aug. 8, in line with a deadline set by House Speaker Dustin Burrows, R-Lubbock.
Abbott later noted that he and Paxton were pursuing their cases under separate areas of state statute, urging the Texas Supreme Court to remove Wu from office "before House Democrats deny the Legislature a quorum for the third time."
The action unfolded after the House adjourned for the second day in a row without enough members present to conduct official business.
The court directed Wu to file an official response to the governor's lawsuit by 5 p.m. Aug. 8. The House is set to reconvene at 1 p.m. Aug. 8.
How we got here
Over 50 Texas House Democrats traveled to Illinois, New York and Massachusetts Aug. 3 ahead of a planned vote on a proposed congressional map, which Republicans have said is aimed at flipping up to five Democratic-held U.S. House seats. Democrats’ absence has prevented the 150-member House from reaching a 100-person quorum, which is the minimum number of lawmakers that must be present to debate and vote on legislation.
As Democrats traveled to Illinois and New York Aug. 3, Wu said in a statement that “this corrupt special session is over.” According to Abbott’s lawsuit, Wu also said Democrats would remain out-of-state through the 30-day special legislative session, which ends Aug. 19.
In the court filing, Abbott argued that because Wu “deliberately fled the state to abandon his official duties indefinitely,” he has abandoned his office and his seat should be vacated.
“If representatives are free not to show up whenever they choose, then Texans simply do not have a representative government,” Abbott wrote. “In fact, they don’t have a functioning government at all. This court should make clear that a legislator who does not wish to perform his duties will be stripped of them.”
House Democrats have insisted that their quorum break does not violate the law. In an Aug. 5 statement, Wu said leaving the state “was not an abandonment of my office; it was a fulfillment of my oath.”
“Unable to defend his corrupt agenda on its merits, Greg Abbott now desperately seeks to silence my dissent by removing a duly-elected official from office,” Wu said. “My purpose has been clear from the start: to serve my constituents and fight for what's right, no matter the cost.”
Zooming out
After the House did not reach a quorum on Aug. 4, Burrows signed civil arrest warrants for absent lawmakers, directing the House sergeant-at-arms and state troopers to track members down and bring them to the chamber. Abbott also ordered the Department of Public Safety to “locate, arrest and return” the missing Democrats.
Ninety-four House lawmakers were present when the House gaveled in on Aug. 5—six members short of a quorum.
“DPS is actively working to compel their attendance... and will continue to do so until those members are back in this chamber,” Burrows said on the House floor Aug. 5. “It is evident to the chair that DPS will need some time to work, and we will try again to make quorum on Friday. If quorum has been made, we will proceed with the very important business of this state.”
DPS has jurisdiction within state lines. In an Aug. 5 letter, U.S. Sen. John Cornyn, R-Texas, asked the Federal Bureau of Investigation to help state troopers locate and arrest lawmakers who traveled to Illinois and New York.
“Gov. Abbott and Texas state law enforcement officers are doing what they can within the confines of the law, but federal help may be necessary,” Cornyn wrote. “These legislators have committed potential criminal acts in their rush to avoid their constitutional responsibilities and must be fully investigated and held accountable.”
The House is scheduled to reconvene at 1 p.m. Aug. 8. Members who do not return by then will have abandoned their offices, Paxton said Aug. 5, allowing him to pursue court rulings declaring their seats vacant.
Paxton acknowledged Aug. 4 that attempting to vacate Democrats’ seats would not be “an immediate answer,” telling conservative podcast host Benny Johnson that he would need to file individual lawsuits in each legislator’s district.
“We'd have to go through the court process, and we'd have to file that maybe in districts that are not friendly to Republicans,” Paxton said. “It's a challenge because every district would be different. We'd have to go sue in every legislator’s home district to try to execute on that.”
Abbott’s Aug. 5 suit, however, was filed in the Texas Supreme Court, which has statewide jurisdiction and the “original jurisdiction to issue writs,” according to the court’s website.
The background
House Democrats have said they left the state to fight the passage of a proposed congressional map. The plan to redraw Texas’ congressional lines in the middle of the decade comes amid pressure from the Trump administration to increase Republicans’ narrow U.S. House majority, according to previous Community Impact reporting.
Some Democrats have called the move “corrupt,” arguing that the proposed congressional map could make it harder for minority communities to elect the candidates of their choice. Republicans have said the redistricting plan is aimed at giving Republican candidates “the opportunity to compete” more congressional districts, noting that the map would form one additional majority-Hispanic district and two new majority-Black districts.
Burrows criticized House Democrats for “actively trying to thwart the legislature from performing its duties” on Aug. 5, noting that the full chamber cannot consider bills related to the deadly Central Texas floods in their absence.
In an Aug. 5 hearing, the House Disaster Preparedness and Flooding Committee discussed five bills aimed at improving preparation for and communications during natural disasters. The hearing was announced on Aug. 4, after House Democrats left the state.
“When our colleagues come back, we are going to pass these bills,” committee chair Rep. Ken King, R-Canadian, said Aug. 5.
