Texas House votes to allow for arrest of Democrats who fled to DC to block voting bill
The Texas House of Representatives voted Tuesday to allow for the arrest of their Democratic colleagues who have fled to Washington, D.C., in an attempt to stop election legislation.
Most Democrats were missing from the desks that fill the House chamber as lawmakers began their session at about 10 a.m. Tuesday. With the absences apparent and confirmed by the lack of a quorum, the lawmakers took a procedural vote called a “Motion for Call of the House.” The move is to “secure and maintain a quorum.”
The motion passed on a 76-4 vote, with four Democrats who were present voting against it. The lawmakers then voted to allow for the Democrats’ arrests.
“Members, the sergeant of arms and any officers appointed by him are directed to send for all absentees whose attendance is not excused for the purpose of securing and maintaining their attendance under warrant of arrest if necessary,” House Speaker Dade Phelan said.
The four House Democrats present Tuesday were Rep. Ryan Guillen of Rio Grande City, Rep. Tracy King of Batesville, Rep. Eddie Morales of Eagle Pass, and Rep. John Turner of Dallas. Democrats Terry Canales of Edinburg, and Rep. Abel Herrero of Robstown had excused absences.
Morales told reporters he supports his fellow Democrats’ efforts, but opted to stay at the Capitol because his district tends to be more conservative than those of some of his Democratic colleagues. Turner said he understands and respects the decision but that he’s “prepared to continue to oppose that legislation in the House chamber.”
“It’s probably predictable that different members will decide to fight that battle slightly different ways,” Turner said.
The House has 83 Republicans and 67 Democrats. A quorum of two-thirds is needed to conduct business. Phelan said that without a quorum committee hearings can’t take place in the House and bills can’t be taken up on the floor. He also said that committee chairs and vice chairs can’t be removed from their positions under House rules.
As the motion went into effect, the chamber’s main doors were locked and representatives were told they couldn’t leave without permission of the speaker.
Gov. Greg Abbott: ‘They will be arrested’
Texas House Democrats landed in Washington on Monday night after leaving to break quorum in an effort to derail an election bill they say would suppress the votes of Texans if passed. It was the second time they’ve used the tactic this year. In May, they walked off the House floor to block Senate Bill 7, the regular session’s version of the voting legislation.
Both Senate Bill 1 and House Bill 3 as filed this special session include provisions that prohibit 24-hour voting, bar election officials from soliciting applications to vote by mail and offer protections for poll watchers.
In a news conference at the U.S. Capitol, state Rep. Chris Turner, chair of the House Democratic Caucus, said more than 50 representatives had left the state.
“Our intent is to stay out and kill this bill this session and use the intervening time ... before the end of the session to implore the folks in this building behind us to pass federal voting rights legislation to protect voters in Texas and across the country,” Turner said.
The last time Texas Democrats left the state to block a vote was in 2003 when they fled to New Mexico and Oklahoma to try and stop Republican legislation to redraw the state’s congressional districts. Texas Rangers were sent to try to round them up and return them to the Capitol for votes.
The House rules state that “absentees for whom no sufficient excuse is made may, by order of a majority of those present, be sent for and arrested, wherever they may be found, by the sergeant-at-arms or an officer appointed by the sergeant-at-arms.”
As of Tuesday evening, the Texas Department of Public Safety had not returned a request for comment on whether troopers had been dispatched. Enrique Marquez, a spokesperson for Phelan, said “DPS has in the past but not at this time,” in a text to the Star-Telegram.
But if they are dispatched, the search is expected to be contained within state boundaries, as that’s where they have jurisdiction. Marquez noted that the warrants would be civil arrest warrants that can’t be served out of state.
“Under the motion adopted by the House, the issuance of arrest warrants remains an option for those members able but unwilling to return to the Capitol to conduct the Legislature’s business,” he said.
Gov. Greg Abbott said Monday on Austin television station KVUE that he will “continue to call special session after special session after special session all the way up until election next year.”
“So if these people want to be hanging out wherever they’re hanging out wherever they’re hanging out on this taxpayer-paid junket, they’re going to have to be prepared to do it for well over a year,” he said. “As soon as they come back in the state of Texas, they will be arrested, they will be cabined inside the Texas Capitol until they get their job done.”
House Republicans respond to quorum break
In the House, lawmakers sat at the their desks on their phones or talking with colleagues much of the day as the chamber’s work was at a standstill. Hearings on the House bill and the Senate’s version as well as other legislation on the special session agenda was heard over the weekend. Both election bills passed out of committee.
House Republican Caucus Chair Jim Murphy of Houston said the Legislature’s work came to halt when the Democrats left “for an all-expense paid vacation to Washington, D.C.”
“Make no mistake, this is not about one particular bill,” he said. “This is political theater by and for Texas Democrats. As legislators, it’s our duty to show up and do the people’s work,” he said.
By stalling the session, House Democrats aren’t just hitting pause on debate over the election bill. Items on the special session call also include issues like changes to the bail system, border security, social media censorship, family violence prevention, critical race theory, limiting access school sports teams for transgender students, legislation related to abortion-inducing drugs, an additional payment for retired Texas teachers, property tax relief and legislative funding. House Republicans highlighted some of the issues during a Tuesday news conference.
Murphy said he hopes the lawmakers not in Austin will choose to come back to the Capitol “by their own will.”
“We think things have been delayed, not denied,” he said.
Asked about what role Republicans can play in trying to strike a compromise on the election bill, Murphy said he feels Republicans have already compromised. and noted that the legislation can continue to be crafted on the House floor.
“It’s theirs to shape. It’s theirs to work on, and we await their presence,” he said.
A little after 2:30 p.m., the lawmakers were permitted to leave for the day.
“I’m free,” Murphy was heard saying on the House floor as the lawmakers headed out to return in the morning at 11 a.m.
Some Senate Democrats go to Washington D.C.
In the Texas Senate, Lt. Gov. Dan Patrick on Tuesday said 22 senators were present, enough for a quorum. Nine of 13 Senate Democrats are joining their House counterparts in Washington D.C., including Sen. Beverly Powell of Burleson.
Garry Jones, Powell’s chief of staff, confirmed that she arrived in D.C. late Monday night and that the other lawmakers are there or en route. Other Tarrant County Democrats in D.C. include Turner, Rep. Nicole Collier of Fort Worth, who chairs the Legislative Black Caucus, and Rep. Ramon Romero of Fort Worth.
“We will not stand by and witness Republicans silence the voices of hard working Texans,” the senators said in a joint statement. “Texas Senate Democrats are committed to ensuring our elections are free, fair and accessible for every Texan.”
But even with the lawmakers gone, without a busted quorum, Senate Bill 1, the chamber’s omnibus election bill was brought to the floor.
“The Texas Senate is here to work,” the bill’s author Sen. Bryan Hughes said in a tweet.
Some opponents of the bills gathered outside the Texas Capitol holding signs that read “Don’t Mess with Texas Voters” and “Say no to Jim Crow 2.0.”
“These folks are showing their incredible guts and their doing it because it matters just that much,” said Jamarr Brown, a co-executive director of the Texas Democratic party, who spoke at the event.
This story was originally published July 13, 2021 at 1:07 PM with the headline "Texas House votes to allow for arrest of Democrats who fled to DC to block voting bill."
