Why are Democratic lawmakers fleeing Texas over voter restrictions?

Sam Levinein Austin, Texas
·4 min read
<span>Photograph: Eric Gay/AP</span>
Photograph: Eric Gay/AP

A group of Texas Democratic lawmakers plan to flee their state in a desperate bid to stop the Republican-run legislature from passing laws they say will suppress the vote of people of color.

The extreme move – which should see dozens of Democrats leave via planes and other means and head to Washington DC – is set to be the latest and wildest escalation in a fight over voting rights in the state.

Here are the key things to know:

Why are they fleeing?

Texas Republicans are intent on a radical overhaul of voting laws in the state in ways that many Democrats and civil rights experts say will directly affect voters of color in a state that is becoming more Democratic. The laws include outlawing 24-hour polling places, banning ballot drop boxes and empowering partisan poll watchers.

Democrats are determined to stop them. Earlier this summer, Democrats scuppered the reforms by walking out of the state house of representatives and denying the session a quorum. But now the Republican governor, Greg Abbott, has convened a special legislative session to pass the reforms. This second revolt also denies a quorum but, with Democrats literally fleeing the state, also significantly ups the ante.

What is the impact?

With the Democrats gone, Republicans are denied a quorum to pass their electoral reform package and Democrats in the state – riding a wave of praise for their walkout last time – have shown they will go to extremes to defend voting rights. But the move also guarantees a serious political face-off whose endgame is uncertain.

Where will they go?

Dozens of lawmakers were expected to fly to Washington DC, where they are expected to continue to advocate for federal voting rights legislation.

How will it end?

That’s not really clear. The Texas constitution requires two-thirds of a legislative body to be present to conduct business. If there’s no quorum, the constitution authorizes the legislature to “compel” the attendance of missing members.

The rules of the Texas house of representatives make it clear that those who flee the state could be arrested and brought back to Texas. House rules say that a majority of those present in the legislature can authorize the sergeant-at-arms to arrest the missing members. “Their attendance shall be secured and retained. The house shall determine on what conditions they shall be discharged,” the rules say.

The special session of the legislature can only last up to 30 days. But even if Democrats were able to remain out of the state for that long, the governor could continue to call special sessions until lawmakers return.

If Republicans will eventually succeed in passing the bill, why are Democrats doing this?

Even though Democrats cannot stop the Republican legislation, bringing the legislature to a halt might give them some kind of leverage in negotiating over the bills. After they halted an earlier version of the legislation by walking out, Republicans removed two of the most controversial provisions that would have cut early voting on Sundays, a day traditionally used by African American voters, and that would have made it easier for judges to overturn elections.

Walking out also signals to constituents how far Democrats are willing to go to try to stop Republican efforts to make it harder to vote. That willingness to go nuclear comes at a moment where there is bubbling frustration with Democrats in Washington who have been stymied from passing significant voting reforms.

Last week, there was some division among Democrats over whether to walk out, the New York Times reported. While some felt that a walkout would elevate the importance of voting rights in the state, others felt it would be more effective to try to use amendments and legislative maneuvering to get a more acceptable version of the bill.

Has this happened before?

Yes. In 2003, Democrats in the state legislature fled to Oklahoma and New Mexico in an effort to block Republicans from passing new electoral maps that benefitted Republicans. Republicans were eventually able to get a quorum when a Democratic state senator broke ranks with his colleagues and return to the capitol.

Reports at the time noted the difficulties lawmakers faced in being out of the state for so long. Some did not pack enough clothes. They also paid for hotel rooms out of pocket and refused to take a per diem. Texas Republicans also stripped Democrats of their parking spaces at the capitol while they were out of state and threatened to tow the car of one state senator.

There have been walkouts over controversial pieces of legislation in other states in recent years. In 2011, Wisconsin Democrats fled the state over an anti-union bill, prompting the state senate to authorize law enforcement to bring them back. Republicans maneuvered to pass the bill anyway. In 2019, Republicans in the Oregon legislature have also fled the capitol in recent years in fights over climate bills.

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