Ken Paxton will seek court order to have Texas Democrats who left state removed from office
Source: KUT public radio
Texas Attorney General Ken Paxton announced Tuesday that he plans to seek a court ruling declaring that state House Democrats who have broken quorum and left the state have "abandoned their offices," opening the door for Gov. Greg Abbott to appoint their replacements.
Speaker of the House Dustin Burrows has given Democratic lawmakers who broke quorum until Friday to return and present themselves to the House.
"Starting Friday," Paxton said in a statement, "any rogue lawmakers refusing to return to the House will be held accountable for vacating their office. The people of Texas elected lawmakers, not jet-setting runaways looking for headlines. If you don't show up for work, you get fired."
Gov. Abbott signaled that he and Paxton would pursue this path late Sunday, a few hours after Democrats announced the quorum break. Abbott pointed to an opinion Paxton issued after Democrats last broke quorum during a special session in 2021. That ruling held that a court would have to determine if a legislator has forfeited his or her office by abandonment.
Read more: https://www.kut.org/politics/2025-08-05/texas-tx-greg-abbott-ken-paxton-democrats-flee-arrest-legislature

bucolic_frolic
(52,392 posts)Does he have that power under the Texas Constitution?
Beartracks
(14,094 posts)Torchlight
(5,692 posts)Beartracks
(14,094 posts)LetMyPeopleVote
(169,760 posts)I have known Chad Dunn for a while. He is a great election law attorney who got the Texas voter id law largely gutted a long time ago.
Link to tweet
https://www.texastribune.org/2025/08/05/texas-democrats-ken-paxton-court-vacate-seats-quorum-break
Legal experts say it would be difficult to argue that engaging in a quorum break qualifies as abandonment of office.
I am aware of absolutely no authority that says breaking quorum is the same as the intent to abandon a seat, said Charles Rocky Rhodes, a constitutional law expert at the University of Missouri law school. That would require the courts extending the premise to the breaking point. Its inconsistent with the very text of the Texas Constitution.
Chad Dunn, a former attorney for the Texas Democratic Party, said proving abandonment of office would require showing that the member had failed to perform the duty of their office and intended to relinquish the seat, both of which he argues are not evident in a quorum break.
It is not just an option, but one of the features of elected office to decide whether to appear and help establish quorum, Dunn said. Each member as part of their duty of office must make that decision.
Paxton himself has acknowledged that this would likely be a lengthy and complicated process, telling conservative podcaster Benny Johnson that theyd have to bring individual lawsuits in each district.
bluestarone
(20,284 posts)The citizens of Texas. That's how i see it. PROOF beyond doubt.
Owens
(561 posts)Grokenstein
(6,141 posts)in order to avoid voting on releasing the Epstein files?
republianmushroom
(21,371 posts)OldBaldy1701E
(9,043 posts)Umm... people who are 'elected' cannot be 'fired', you low-hanging fruit. If they could, there would be a field day in blue states as well as red as the 'odd person out' elected positions would be quickly emptied.
Feel free to try and impeach them to get them re moved if you want to. I recall Tennessee doing something along these lines to three state reps once. One escaped being removed by one vote. The other two were removed. Their districts were asked to appoint new ones until a special election could be held.
Say, Google... what happened then?
Tennessee State Representatives Justin Jones and Justin Pearson, who were expelled in April 2023 for their involvement in a gun control protest on the House floor, were both quickly reinstated to their seats by local government bodies on an interim basis. They then successfully won special elections on August 3, 2023, to fully reclaim their positions.
AllaN01Bear
(27,401 posts)dlilafae
(316 posts)He's on the run - once again - to save himself from a subpoena. 😂 https://www.google.com/search?q=ken+paxton+running+from+the+law&oq=ken+paxton+running+from+the+law&gs_lcrp=EgZjaHJvbWUyBggAEEUYOdIBCTExOTE3ajBqNKgCAbACAQ&client=ms-android-oneplus-rvo3&sourceid=chrome-mobile&ie=UTF-8
NYC Liberal
(20,421 posts)SunSeeker
(56,649 posts)They're doing exactly what their constituents want them to do. They're defending democracy.
Go fuck yourself, Paxton.
LetMyPeopleVote
(169,760 posts)Link to tweet
https://quorumreport.com/quorum_report_daily_buzz_2025/texas_attorney_general_paxton_says_gov_abbott_is_o_buzziid32797.html
JustAnotherGen
(37,043 posts)I know you always have the best info on Texas regs and laws.
cstanleytech
(27,940 posts)marble falls
(68,522 posts)... he has two powers: veto and calling special sessions of the legislature, which meets every two years.
Being Governor here is just a springboard to running for President. Being Texas AG is just a clearing house for who who gets away with what graft. Paxton uses outside legal help for any real lifting.
Rick Perry tried everything he could to force Democrats back, including sending Marshals after them when Democrats went to New Mexico during his term. It did not work out for him, the Governor of New Mexico protected them.
Those two knuckleheads in Austin are just pissing up a rope. Abbot may try calling a special session later, but Democrats can just keep him from getting enough members in the chamber to force a vote.
JustAnotherGen
(37,043 posts)Double dog dare him to do it.
Do it. And watch us throw every single Republican in the NJ Assembly and Senate out this November.