Even though Lt. Gov. Dan Patrick did remove two objectionable items from the Senate version of this bill, there’s almost no hope of further compromise here. Republicans won’t want to change anything else, and Democrats say they can’t vote for anything like the current measure. For the next few weeks, and possibly longer, the Legislature is locked in stalemate.
To ratchet up the situation even more — if that’s possible — Gov. Greg Abbott is threatening to arrest and forcibly return any Democratic lawmakers who have fled — if he can locate them. House Speaker Dade Phelan of Beaumont has also suggested he might lock the House doors next time all Democrats are present so they can’t break a quorum.
The Democratic position is principled — but underscored with irony. They are fleeing the Texas House (a type of a filibuster) to try to persuade Senate Democrats in Washington to end the filibuster there so that a federal voting-rights bill can be passed. Yet Senate Democrats don’t seem to have the 50 votes they need to end the filibuster for that bill or any other. And if U.S. Senate Democrats are in the minority after the 2022 midterm elections — a distinct possibility — they will be glad the filibuster is in their toolkit.
Back in Texas, Republicans insist they need to safeguard “election security,” their preferred term now, even though they did well in the November elections and very few voting problems were reported despite high turnout for both parties. Republican efforts to shove these bills through also overlook the point that many GOP voters like to vote by mail or vote early, two options that these bills would not expand.
Democrats have tried walkouts before, but as dramatic as they are, they usually don’t succeed in the long run. They have pledged to remain out of state until this special session ends on Aug. 8 but Abbott can call more special sessions — which some Democrats have vowed to boycott too.
Even if Democrats can claim the moral high ground now, at some point more and more Texans will want them to return to Austin and face the music. They were elected to serve and vote, and they can’t do that out of state. The bottom line is that Republicans have a majority in both chambers and hold all other statewide posts, and in a democracy that gives them more influence than the other party.
Whatever happens here, voters can show which party they support in the next election. If Republicans have over-reached, their slim majority in the House could be lost. But if the Democratic walkout ultimately proves to be unpopular, their party will suffer. Texas voters will have plenty of time to think about their option, because this tense gridlock won’t be over soon.