In a stern warning to the Democrats who absconded from the state to block his redistricting initiative, Texas Governor Greg Abbott has given them until exactly 3 p.m. Monday to resume their legislative duties or face expulsion from office.
The Governor's admonition is based on a 2021 Attorney General opinion (KP-0382) that could potentially allow him to petition a court to declare their seats vacant. Additionally, he has raised the specter of felony charges, suggesting that their fundraising efforts to offset $500-a-day fines might infringe on bribery laws.
"Real Texans do not run from a fight," Abbott penned in his statement. "But thats exactly what most of the Texas House Democrats just did." He criticized the Democrats for shirking their responsibilities and voting on critical legislation that impacts all Texans, choosing instead to leave the state and deprive the House of the necessary quorum to conduct business.
According to RedState, the Governor's statement elaborates on the legal repercussions that House Democrat members could face for breaking quorum, including the potential forfeiture of their seats and felony violations. Abbott further clarifies that the Texas state constitution permits such measures, including the pursuit and arrest of House members, to counteract their politically motivated maneuver. "This truancy ends now," he proclaimed.
The legal opinion cited by Abbott suggests that a deliberate, extended absence to break quorum could be construed as abandonment, thereby creating a vacancy that the governor could fill by appointment. However, this process would entail legal proceedings and its success hinges on the courts' agreement with the interpretation of abandonment.
While Abbott's statement is a step in the right direction, questions remain about its enforceability. The initial plan to penalize the absconding Democrats was to impose $500 per day fines, which, as RedState's Bonchie pointed out, would likely fail to compel a return. Moreover, it is anticipated that left-wing donors would find covert ways to settle these fines.
Addressing this strategy, Abbott's statement suggests that soliciting funds to dodge the fines as a means to abandon their legislative duties could infringe on bribery laws. "I will use my full extradition authority to demand the return to Texas of any potential out-of-state felons," he declared.
In 2021, Abbott issued similar threats when the Democrats staged a comparable stunt. However, the inclusion of a specific deadline and reference to legal opinions in his current statement seems to raise the stakes. It remains to be seen whether he will follow through on his threats.
The state lawmakers, including Rep. Jasmine Crockett (D-TX), previously called Abbott's bluff, with Republicans seemingly reluctant to endorse the extreme measure. After leaving the state for 38 days, the defiant lawmakers eventually returned.
Texas Attorney General Ken Paxton, a Republican, had previously warned of arrests for any Democrat who attempts to leave the state to obstruct a vote on redistricting. If Democrats ignore their duty to their constituents by breaking quorum, they should be found and arrested no matter where they go, Paxton wrote. My office stands ready to assist local, state, and federal authorities in hunting down and compelling the attendance of anyone who abandons their office and their constituents for cheap political theater.
The tone adopted by Abbott and Paxton suggests a no-nonsense approach this time around. It seems reasonable to expect that any lawmaker who neglects their duties should face removal or a severe penalty.
The repeated instances of Democrats walking away from votes they oppose cannot be tolerated. If such behavior continues unchecked, it is only a matter of time before their counterparts in other states replicate this regrettable tactic.
Just as with any unruly child, there must be consequences for inappropriate behavior, or they will never learn. Ultimately, this stunt is a display of attention-seeking, narcissism, and self-adulation. It's embarrassing. And Abbott must exert the full force of the law on anyone who continues to engage in these games.
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