Texas Attorney General Ken Paxton has filed a lawsuit in the Supreme Court of Texas seeking judicial declarations that 13 Texas House seats have been vacated due to continued unlawful absences by Democrat legislators who missed the return deadline set by Speaker Dustin Burrows.
“The rogue Democrat legislators who fled the state have abandoned their duties, leaving their seats vacant,” Paxton said in a press release. “These cowards deliberately sabotaged the constitutional process and violated the oath they swore to uphold.
“Their out-of-state rebellion cannot go unchecked, and the business of Texas must go on. I have asked the Texas Supreme Court to declare what has been clear from the beginning: that the runaway members have officially vacated their offices in the Texas House,” he added.
House Democrats remain absent from the state, engaging in what Paxton called politically motivated grandstanding from other locations. He said their conduct represents a “flagrant abandonment of office” and a “betrayal of the voters” who elected them.
The lawsuit focuses on 13 members who made public statements about refusing to return, which Paxton argues confirms the basis for the legal action. Texas law gives the Attorney General authority to represent the state in quo warranto actions and to appear before the Texas Supreme Court in matters involving the state’s interests.
The petition states: “The Texas Constitution, statutes, and rules provide a broad range of tools for members of a legislative minority to be heard. But those tools do not include concerted effort by members of the minority to disrupt the functioning of the Legislature by abdicating their duties, including spurning the constitutional authority of the remaining members to compel their attendance. When members of the Legislature disregard arrest warrants, refuse to perform their duties, and announce that they intend to prevent the Legislature from exercising its constitutional responsibilities, they have, through words and conduct, demonstrated an intent to relinquish and abandon their offices.”
Paxton and Burrows have also moved to enforce arrest warrants in other states. In addition, Paxton launched an investigation into Powered by People and Texas Majority PAC over allegations they may have run an illegal financial influence scheme to bribe Democrats into breaking quorum.
Texas Democrats are under mounting pressure to return to the state as Republicans push for a quorum to advance key legislative measures Friday.
Dozens of state Democrats left Texas earlier this week to block a special session agenda that includes redrawing voting maps in a way that could give Republicans five more House seats. The session is also set to address funding for flooding victims, CBS 12 reported.
In an effort to compel Democrats back to Austin, Texas House Speaker Dustin Burrows sent a memo to House members requiring those who broke quorum to collect their paychecks in person. House leaders announced direct deposits will be suspended until a quorum is restored, meaning enough members must be present to conduct business.
On Thursday, the FBI agreed to assist in apprehending the Texas Democrats who fled to block the House from meeting, according to a U.S. senator representing the state.
More than 50 Democratic lawmakers left Texas on Sunday, many traveling to Chicago, to stop a scheduled vote on redistricting and freeze legislative activity during the special session. Their departure allowed them to avoid potential arrest by state law enforcement.
U.S. Sen. John Cornyn, R-Texas, said Tuesday he had asked FBI Director Kash Patel to help state and local law enforcement locate and detain the Democrats.
“I am proud to announce that Director Kash Patel has approved my request for the FBI to assist state and local law enforcement in locating runaway Texas House Democrats,” Cornyn said.
“I thank President Trump and Director Patel for supporting and swiftly acting on my call for the federal government to hold these supposed lawmakers accountable for fleeing Texas. We cannot allow these rogue legislators to avoid their constitutional responsibilities,” he added.
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