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LetMyPeopleVote

(169,760 posts)
10. Abbott threatens to try to expel Democrats who fled Texas, escalating tensions
Mon Aug 4, 2025, 09:25 AM
Aug 4

I read the Ken Paxton opinion cited by Abbott. It does not support Abbot's threat



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.


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.

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

Recommendations

2 members have recommended this reply (displayed in chronological order):

Does Greg Abbott also intend to change the number for a quorum? no_hypocrisy Aug 4 #1
Yes, GQP main goal is to have one party system.................. Lovie777 Aug 4 #2
As a precinct chair in Texas, we do have something called "abandonment of office". LeftInTX Aug 4 #29
Nothing fascist about this. Either you allow us to rig the system or we arrest you. Such a choice. Karasu Aug 4 #3
Criminals LOVE getting away with sh*t! SupportSanity Aug 4 #11
I guess Republicans aren't real Texas liberalgunwilltravel Aug 4 #4
How does the executive branch police the legislative branch in TX?9 niyad Aug 4 #5
Fuck you where you breathe, Hot Wheels. (nt) Paladin Aug 4 #6
Time for the Blue States to do they same Chasstev365 Aug 4 #7
I expect every state to be heavily gerrymandered by 2026 cadoman Aug 4 #23
LOL...Abbott in panic mode because he's not able to please his Fuhrer Bengus81 Aug 4 #8
Hot Wheels, please proceed. Brainfodder Aug 4 #9
Abbott threatens to try to expel Democrats who fled Texas, escalating tensions LetMyPeopleVote Aug 4 #10
Alex, I'll take "What is Propaganda?" for $500. SupportSanity Aug 4 #14
Even if they had "special elections" BumRushDaShow Aug 4 #15
Except they aren't abandoning it they are simply taking vacations and they are going to be returning. cstanleytech Aug 4 #16
I have little confidence in the Texas state courts. TomSlick Aug 4 #36
Uhhh ... what Constitution allows him to do that? FakeNoose Aug 4 #12
The state constitution does DavidDvorkin Aug 4 #17
Politico article explains how: LeftInTX Aug 4 #33
Dems respond simply to Abbott's threat to remove them from office if they don't return by tomorrow afternoon: LetMyPeopleVote Aug 4 #13
A scheme that's also at the direction of the sitting President with the goal of assisting him which might be a no-no. cstanleytech Aug 4 #18
Background: LudwigPastorius Aug 4 #19
Looks like the Dems removed themselves. Sneederbunk Aug 4 #20
This was the so-called (nonsensical) Paxton "opinion" BumRushDaShow Aug 4 #21
I'd rather just expel Greg Abbott. Nothing of value would be lost there! Initech Aug 4 #22
Not sure he can legally do that Yo_Mama_Been_Loggin Aug 4 #24
"Expel"? What, are they just a bunch of recalcitrant middle schoolers or what? Texin Aug 4 #25
Gov. Greg Abbott's options to force a redistricting vote are more limited than they appear LetMyPeopleVote Aug 4 #26
Pretty sure that can't happen on Abbott's whims. 634-5789 Aug 4 #27
By what legal process can a governor "expel" members of the opposition party on the Legislature? Martin68 Aug 4 #28
They're nuckin futs for sure. twodogsbarking Aug 4 #30
(From the OP) "Abbott said in his statement: 'these legislators may also have committed felonies.'" red dog 1 Aug 4 #31
"The felony" would be misuse of campaign funds. But they've been careful about it. LeftInTX Aug 4 #32
"Remove Democrats". That's exactly what gerrymandering will do anyway. JohnnyRingo Aug 4 #34
Greg Abbott YoshidaYui Aug 4 #35
Opposition... Godot51 Aug 4 #37
"Real Texans do not run from a fight." OldBaldy1701E Aug 5 #38
Paxton to seek judicial orders declaring Democrat quorum-busters seats vacant if they are not back by Friday LetMyPeopleVote Aug 5 #39
Legal experts say it would be difficult to argue that engaging in a quorum break qualifies as abandonment of office. Ge LetMyPeopleVote Aug 5 #40
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