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Abbott threatens to try to expel Democrats who fled Texas, escalating tensions
I read the Ken Paxton opinion cited by Abbott. It does not support Abbot's threat
Link to tweet
https://www.washingtonpost.com/politics/2025/08/04/texas-democrats-redistricting-maps-abbott-trump
CHICAGO — Texas Gov. Greg Abbott (R) is threatening to try to remove Democratic lawmakers from office for fleeing the state and claiming they could be charged with crimes, escalating tensions overnight in a showdown over redrawing congressional lines ahead of the midterm elections......
Abbott, who also launched a $750,000 digital ad campaign Sunday against Democrats, cited a 2021 opinion from state Attorney General Ken Paxton (R) in his letter to contend that courts could determine Democrats had abandoned their duties and given up their jobs. That would allow Abbott to call special elections to replace them, he said.
“Democrats hatched a deliberate plan not to show up for work, for the specific purpose of abdicating the duties of their office and thwarting the chamber’s business,” Abbott wrote in his letter....
By leaving, Texas Democrats have thwarted the plan for now. At least two-thirds of the members of the Texas House — 100 of 150 — must be present for lawmakers to take action. That means 51 of the 62 Democrats can block the Republicans from advancing their plans, and 57 have left the state, Democrats said. Most are in Chicago, but some are in Boston and Albany, New York, they said.
Abbott, who also launched a $750,000 digital ad campaign Sunday against Democrats, cited a 2021 opinion from state Attorney General Ken Paxton (R) in his letter to contend that courts could determine Democrats had abandoned their duties and given up their jobs. That would allow Abbott to call special elections to replace them, he said.
“Democrats hatched a deliberate plan not to show up for work, for the specific purpose of abdicating the duties of their office and thwarting the chamber’s business,” Abbott wrote in his letter....
By leaving, Texas Democrats have thwarted the plan for now. At least two-thirds of the members of the Texas House — 100 of 150 — must be present for lawmakers to take action. That means 51 of the 62 Democrats can block the Republicans from advancing their plans, and 57 have left the state, Democrats said. Most are in Chicago, but some are in Boston and Albany, New York, they said.
Here is a link to the opinion from Ken Paxton cited by Abbott
https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/2021/kp-0382.pdf
This "opinion" cited an 1873 case that a member of the legislature can "abandon" their office
Abandonment is a species of resignation. Resignation and
abandonment are voluntary acts. The former is a formal
relinquishment; the latter a relinquishment through nonuser.
Abandonment implies nonuser, but nonuser does not, of itself,
constitute abandonment. The failure to perform the duties
pertaining to the office must be with actual or imputed intention on
the part of the officer to abandon and relinquish the office. The
intention may be inferred from the acts and conduct of the party, and
is a question of fact.
abandonment are voluntary acts. The former is a formal
relinquishment; the latter a relinquishment through nonuser.
Abandonment implies nonuser, but nonuser does not, of itself,
constitute abandonment. The failure to perform the duties
pertaining to the office must be with actual or imputed intention on
the part of the officer to abandon and relinquish the office. The
intention may be inferred from the acts and conduct of the party, and
is a question of fact.
This case does not support Greg's claim. There would have to be litigation and a formal removal by a court finding abandonment.
Paxton's opinion does not support Abbott's threat
4 replies
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The Texas governor's court threat could take months to resolve — despite a fast-approaching redistricting deadline.
Link to tweet
https://www.politico.com/news/2025/08/04/greg-abbott-texas-democrats-redistricting-00492100
Abbott and other Texas Republicans face a hard deadline as they are preparing to adopt maps that could net the GOP five seats in the U.S. House, potentially cementing the party’s majority in Congress. Maps need to be completed before the end of the year so that election officials can prepare for the state’s March 3 primaries. The move has also prompted retaliation threats by Democratic governors in other states and roiled expectations for the 2026 elections, when Democrats hope to take the House and act as a check on President Donald Trump......
What are Abbott’s legal options?
Federal laws allow states to demand the return, or “extradition,” of criminal fugitives from other states. But because breaking quorum is not illegal, Abbott can’t seek help from the courts to compel the Democrats’ return.
Instead, Abbott threatened to take another action against the absentee lawmakers: Ask Texas courts to remove them from office altogether. State law permits a Texas district court to determine whether a public official has “abandoned” his or her office, declaring it vacant — enabling the governor to set new elections to fill the empty seats......
The governor’s threat is rooted in a nonbinding legal opinion issued in 2021 by Attorney General Ken Paxton, amid the last attempt by Democrats to break quorum. Paxton, notably, took no position on whether breaking quorum is constitutional.
The republican AG also declined to say whether fleeing Democrats could or should be removed from office. Rather, he called it a “fact question for a court” that he said was beyond the scope of his office to decide. He noted instead that he could file what are known as “quo warranto actions” in court, asking a judge to determine whether the missing lawmakers had officially vacated their seats.
How would a judge make that call? Paxton said he wasn’t certain.
“We find no constitutional provision or statute establishing an exhaustive list for why a vacancy occurs or the grounds under which an officer may be judicially removed from office,” he wrote......
That timing matters when the GOP-led redistricting plan is on a fixed timeline: A new map must be adopted by early December in order to be in place for the 2026 midterm cycle. That would require Democrats to remain out of state for about four months while they accumulate $500-per-day civil fines. The current special Legislative session is slated to end on Aug. 19, but Abbott could call another one.
What are Abbott’s legal options?
Federal laws allow states to demand the return, or “extradition,” of criminal fugitives from other states. But because breaking quorum is not illegal, Abbott can’t seek help from the courts to compel the Democrats’ return.
Instead, Abbott threatened to take another action against the absentee lawmakers: Ask Texas courts to remove them from office altogether. State law permits a Texas district court to determine whether a public official has “abandoned” his or her office, declaring it vacant — enabling the governor to set new elections to fill the empty seats......
The governor’s threat is rooted in a nonbinding legal opinion issued in 2021 by Attorney General Ken Paxton, amid the last attempt by Democrats to break quorum. Paxton, notably, took no position on whether breaking quorum is constitutional.
The republican AG also declined to say whether fleeing Democrats could or should be removed from office. Rather, he called it a “fact question for a court” that he said was beyond the scope of his office to decide. He noted instead that he could file what are known as “quo warranto actions” in court, asking a judge to determine whether the missing lawmakers had officially vacated their seats.
How would a judge make that call? Paxton said he wasn’t certain.
“We find no constitutional provision or statute establishing an exhaustive list for why a vacancy occurs or the grounds under which an officer may be judicially removed from office,” he wrote......
That timing matters when the GOP-led redistricting plan is on a fixed timeline: A new map must be adopted by early December in order to be in place for the 2026 midterm cycle. That would require Democrats to remain out of state for about four months while they accumulate $500-per-day civil fines. The current special Legislative session is slated to end on Aug. 19, but Abbott could call another one.