Illinois has long been a sanctuary state, but this is getting ridiculous. Yesterday, Illinois Gov. JB Pritzker (D) pledged to protect dozens of Texas lawmakers fleeing their state to shut down the legislature. It is all an effort to prevent redistricting in the state. However, Texas Gov. Greg Abbott (R) is pledging to arrest them and expel them from office. Both seem “all in” in this game for Texas Hold’Em.
At least 100 members of the 150-member Texas House must be present to conduct business, and approximately 50 of the Democrats have left. Abbott said their commitment to voting as elected state officials is a duty and is “not optional.”
Republican Gov. Greg Abbott threatened to arrest and expel the Texas House Democrats who fled the state to avoid a redistricting vote if they do not return by Monday afternoon.
Dozens of Texas’ Democratic state representatives arrived in Chicago Sunday night to stall the vote. Shortly after Abbott released his statement, the Texas House Democratic Caucus issued a simple response, writing: “Come and take it.”
The statement also described Republicans’ proposed districts, which would potentially secure five new GOP U.S. House seats in next year’s midterm elections, as a “racist mid-decade redistricting scheme.”
Abbott criticized the Democrats’ dramatic departure, starting his call for them to return with, “real Texans don’t run from a fight.”
The lawmakers have been ordered to return to the Texas State Capitol by 3 p.m. on Monday to vote in the special session, or they will face removal from office.
When the Governor calls a Special Session, the Texas Constitution provides that the “Legislature shall meet.” TEX. CONST. art. III, § 5. The governor is arguing that this is a mandatory duty for legislators. This is where it gets sporty. The Texas Attorney General has issued Opinion No. KP-0382 on the removal of missing Democrats from membership in the Texas House. The Attorney General Ken Paxton maintains that “whether a specific legislator abandoned his or her office such that a vacancy occurred will be a fact question for a court.”
Accordingly he may file a “quo warranto” action, literally an action to determine “by what authority?” does a person still claim office. Under this procedure, Paxton would seek a judicial declaration that these members have abandoned their offices.
In the meantime, the Democrats have responded with their own chest pounding with Pritzker (who hopes to run for the presidency in 2028) declaring that he will protect the fugitive members. He declared this a “righteous act’ by legislators to stop the political process.
This is not the first time that this maneuver has been used. In 2011, Democratic state senators from Wisconsin fled to Illinois to block a vote on removing union rights for public workers. Texas democrats have used this tactic in the past in 1979, 2003, and 2021. It was not successful in prior years in the long run.
Not to be outdone, Abbott is warning that lawmakers accepting assistance or “soliciting funds to evade the fines they will incur under House rules” could be charged with bribery under state law. He can also order additional special sessions until the Democrats return.
As the standoff escalates, these novel legal questions may be heading to court. The effort to declare members as abandoned will take time and time is short when it comes to redistricting, which is often subject to years of challenges. Democrats are clearly hoping that running out of the state will allow them to run out the clock. They may be right. What may be more likely to succeed is the imposition of massive fines on the legislators.
I have long been a critic of gerrymandering by both parties. However, it remains a part of our political process.
None of this is good for democracy. The self-professed champions of democracy are fleeing to avoid a democratic vote by the duly elected representatives of the public. While it is common for legislators to leave hearings and floor votes to deny quorums, members ordinarily yield to the mandatory votes of the body. Fleeing the state to scuttle the democratic process hardly makes you the modern personification of Publius Publicola.
The problem is that our federal and state constitutional systems are based on Madisonian principles designed to force deliberation and, at times, compromise. Obviously, if one party has the votes, compromise is often not an option. However, the system works by having all factions involved in the legislative process.
Democrats insist that the redistricting will violate the rights of minority voters. Democrat Caucus Chair Gene Wu (D-Houston) said the governor is “using an intentionally racist map to steal the voices of millions of Black and Latino Texans, all to execute a corrupt political deal.” However, that is a determination that is made ultimately in the courts. This action is preventing such review of the districts. If it does not violate the state or federal constitution, this action becomes less credible as motivated by constitutional as opposed to political interests.
Sitting in a stronghold of the opposing party hundreds of miles away undermines faith in the political system. It also leaves the impression of a stronger affiliation with national political groups than local constituencies. Seeking sanctuary in Illinois raises the question of who you are being protected from in refusing to allow democratic votes in your state.
The Ds are doing their duty by refusing to allow a vote on the democracy killing Trump dick suck of a bill.
Yeah, 40 million illegal immigrants used in determining the number of Democratic Congressional seats agree with you.
It appears three things are inevitable, Mr. Franklin. You forgot gerrymandering.
The illegal aliens in America are counted in Democrat States’ gerrymandering at its finest.
Bullsh!t. The census is conducted by the federal government. People here illegally are not counted.
Wally
The US census counts all people including ILLEGAL Aliens. Seems the only BS here is you. Quit lying
This should be interesting?
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Federal courts have allowed two lawsuits to proceed against California and Illinois to force them to clean up their voter rolls.
Democrats have been engaging in election fraud for well over a century and a half, but I don’t think any of us understood the extent of the election integrity problem in our day until the last few election cycles. One aspect of potential fraud is the presence of ‘dirty names’ on voter rolls—individuals who are not legally allowed to be there,