Understanding the Texas Redistricting Dispute

The Texas House of Representatives, dominated by the Republican Party, was forced to delay a vote on a new congressional district map due to the absence of Democratic House members. This new map, if passed, would flip five U.S. representative seats from Democrat to Republican, potentially solidifying the party’s majority in Washington ahead of next year’s midterm elections.

House Democrats in Texas, along with numerous residents who expressed opposition in recent testimonies across the state, have failed to persuade state leaders to halt the mid-decade effort to redraw the district lines.

On Sunday, Democratic House leaders announced that most of their 62 members had left the state to prevent House Speaker Dustin Burrows from achieving a quorum for the Monday House session, a requirement for voting on the new plan.

Why the Opposition to the Plan?

Opponents of the redistricting plan argue that while the current maps, drawn by Republicans a few years ago, are unfair, they are less damaging to communities of color than the new proposals. These new proposals, according to opponents, violate the Voting Rights Act by diluting the voting power of these communities.

Governor Greg Abbott, a Republican, ordered lawmakers into a special session to consider redrawing the lines after the U.S. Department of Justice deemed the current map unconstitutional due to racial issues in its creation.

Texas Republicans disagree with this assessment but maintain their right to redraw the lines at will, believing this action will continue their successful agenda in Washington, as seen during President Donald Trump’s first year in office.

How Leaving the State Helps Democrats

By leaving the state, Democrats can temporarily stop the vote through a process known as “breaking quorum.” In the Texas Legislature, at least two-thirds of the 150 House members (100 state representatives) must be present for a roll call to constitute a quorum, allowing the House speaker to open the floor session and call for votes on legislation.

If at least 51 members are absent, any present member can object to the floor session beginning. A vote taken without a quorum present makes the bill vulnerable to legislative or legal challenges.

The Texas House was set to vote on the new map contained in House Bill 4. When the chamber convened, Burrows attempted to bring the House to order and called for members to check in. The roll call revealed fewer than 100 representatives were present, preventing a vote. The House then voted to send the Texas Department of Public Safety to compel the absent members’ presence.

Actions the Speaker Can Take

Burrows placed a “call” on the House, compelling all members to return immediately under threat of arrest. He then allowed the remaining members to leave the floor until the next day.

This “call” gives the Texas Department of Public Safety the authority to search for House members within Texas as they would for a fugitive, including blocking them at state lines and visiting their homes. If found, members can be brought back to the House floor in handcuffs if necessary, though the DPS cannot cross state lines.

What Members Do in the Meantime

The House’s 88 Republicans are required to be on the House floor as long as there is a call on the House, similar to their Democratic counterparts. Although they have leeway for breaks, they must stay close in case enough Democrats return to make a quorum for a vote.

While waiting, Republicans can stage press conferences, use social media to address the absent Democrats, play games, and answer constituent communications. It’s up to Burrows to decide how long to keep the House in session daily and whether to let members go home at night or stay at the Capitol.

Meanwhile, Democrats outside the state hold press conferences, use social media, and argue they are still working for their constituents by shielding them from an unfair redistricting effort. Though they cannot vote or take official action, they can work on future legislation and handle constituent services.

Texas Senate’s Role

The Texas Senate continues its normal business, filing bills, holding public hearings, and waiting for the House to return to session with a quorum. Without House approval, none of their bills can reach Governor Abbott’s desk.

Lt. Gov. Dan Patrick may use this opportunity to pressure Democrats into returning to pass other priorities, such as flood relief and a ban on taxpayer-funded lobbying, which are stalled as long as the House cannot convene.

Duration of the Wait

The special legislative session must end after 30 days, on August 19. If a bill is not sent to Abbott’s desk by then, it is considered dead. However, Abbott can call another special session immediately, but the Legislature cannot act without a quorum, leading to a stalemate until Democrats return to Austin.

With no limit on the number of special sessions Abbott can call, he can keep Democrats outside the state as long as they are willing, potentially until the next election cycle. Every state representative is up for reelection next year and must balance their legislative duties with campaign responsibilities and personal obligations.

Endgame and Stakes

Democrats’ options are limited; they can either stay out long enough for redistricting to become too late for the midterms or attract enough public outcry to pressure Republicans into backing off. The fate of the current session and the upcoming elections hangs in the balance.

No bills have reached Abbott’s desk yet, so everything on his 18-item special session agenda is at risk if not completed before the August 19 deadline. Key issues include addressing the Hill Country floods, congressional redistricting, and regulating the consumable hemp industry.

Other significant issues on the agenda include improving flood zone infrastructure, regulating the retail THC industry, abortion restrictions, limiting transgender rights, and further reducing property taxes, among others that were unresolved in the regular session earlier this year.

Conclusion

The situation in Texas, with Democrats fleeing the state to prevent a vote on a new congressional district map, highlights the deep partisan divides and the high stakes involved in redistricting. The ability of Democrats to temporarily halt the process by denying a quorum underscores the creative strategies employed in political battles. However, the long-term implications of these actions, including the potential for prolonged stalemates and the impact on other legislative priorities, remain to be seen.

Frequently Asked Questions

Q: What is redistricting, and why is it important?

A: Redistricting is the process of redrawning electoral district boundaries, typically following a census. It’s crucial because it affects the representation of different communities and can influence election outcomes.

Q: Why did Texas Democrats leave the state?

A: They left to prevent a quorum in the House, thereby temporarily stopping the vote on a new congressional district map that they believe unfairly favors Republicans.

Q: What can the House Speaker do to bring back absent members?

A: The Speaker can place a “call” on the House, compelling members to return under threat of arrest, and authorize the Texas Department of Public Safety to find and potentially bring back members in handcuffs if necessary.

Q: How long can the special legislative session last?

A: The special session must end after 30 days, but the Governor can call additional special sessions, potentially prolonging the standoff.

Q: What other issues are at stake if the session is shut down?

A: Numerous issues, including flood relief, regulation of the hemp industry, abortion restrictions, and property tax reductions, are at risk of not being addressed if the session ends without a quorum.