The Democrats in the Texas state house fled to the country’s capital on Monday to try to block the sweeping GOP overhaul law that critics say makes voting in the state difficult. A similar move successfully killed an earlier version of the bill on the last day of the legislature in late May, and lawmakers are hoping to repeat it during the 30-day special session convened by Republican governor of state Greg Abbott.
Here’s an explanation of what the Democrats are trying to do and how likely it is that it will work.
WHAT IS THE GOAL?
Democrats have two main goals. First, they hope to take away the quorum from the legislature – the minimum number of representatives that must be present for the body to function. Without a quorum, lawmakers cannot vote on the voting proposal – or any other GOP-backed bill on abortion, transgender athletes, and teaching about racism in US history – and nothing will happen.
The second goal has probably already been achieved – bringing Republicans ‘attention to tightening Texas’ electoral laws. Many Democrats in Congress have hoped that their own comprehensive electoral law, which liberalizes electoral laws nationwide, could counter advances in the opposite direction in Texas and several GOP-controlled states. The Democratic legislature of the state of Texas has been calling for the law to be passed in Washington for weeks. But the Democrats in Congress have so far been reluctant to change the Senate’s filibuster rules to overcome GOP opposition in that chamber and get it passed with just 50 votes.
IS THAT FITTED BEFORE?
It is rare for a minority party to leave a state legislature to block the passage of a bill, but there are many precedents.
One of the more dramatic incidents occurred in Texas in 2003 when 50 Democratic state representatives fled to Oklahoma to block a Republican redistribution proposal that would cost the Democrats five seats in the House of Representatives.
That move inspired the Wisconsin Democrats eight years later to flee to Illinois to stop Republican law against government unions. Indiana Democrats followed the same playbook that year to stop a law on the right to work there.
Republicans tried too. In 2019, eleven GOP MPs fled Oregon to Idaho and blocked a Democratic law to combat climate change.
Rebecca Deen, Professor of Political Science at the University of Texas at Arlington, explains the “why” behind the special session of the Austin Legislature and looks at some of the strategies used by Texas Governor Greg Abbott.
DOES THIS WORK AT ALL?
Not often. In 2003, then-Republican governor of Texas, Rick Perry, convened a special session. The Democrats fled again, this time to New Mexico, but eventually came back and the redistribution plan was passed. The Wisconsin Democrats also couldn’t stop the GOP bill from depriving public sector unions the right to collective bargaining – the Republicans changed the measure so that no quorum was required – and the fugitive legislators returned after three weeks in Illinois. In Indiana, Republicans eventually withdrew the right to work laws. But they passed it without a strike the following year.
Oregon is an exception: the Democrats eventually withdrew their climate law, but it wasn’t guaranteed passage even before the GOP flight to Idaho.
In Texas, you could say that the Democrats won the first round with their strike last month. When Republicans who control the legislature tried to get a revised electoral law through in the last hour, the Democrats ran out and the session ended and the law died. But Abbott called her back for a special session last week and it lasts a month. It will be a lot harder to run the clock.
That’s partly because lawmakers are people too – with families to feed them and pay mortgages. Long stays in other states are a strain on household budgets, not to mention the political benevolence of voters. In some cases, they can be threatened with the loss of their state salaries, or even potentially sued, as the Democratic Governor of Oregon threatened absent GOP lawmakers.
Abbott has already cut lawmakers’ salaries.
Abbott has other cards to play. For example, he could continue to convene special sessions until the Democrats give in.
WHY GO TO WASHINGTON?
In general, state lawmakers in neighboring states flee to avoid the police at home.
The home state police can be empowered to round up the AWOL legislators and force them to comply with their legal obligation to be present at the legislative session. In Texas, for example, the house rules state that any member who is absent while a resolution is being passed can be “dispatched and arrested” by a simple majority of those present. The House NCO is empowered to do this.
In May, the Texas Democrats did not have to leave the state because they only taped the floor of the state house for a few hours to get the bill done before the midnight deadline. You’ll have to stay off the ground a lot longer this time.
The decision to fly to Washington underscores the Democrats’ secondary goal of raising awareness of their cause. The move will put them in front of the national media and democratic power brokers so they can step up their pressure on federal action in the vote.
HOW IS IT LEGAL?
It really isn’t – state lawmakers are generally required to attend their legislative sessions. But work stoppages were used much like the filibuster in the U.S. Senate – as a way for a minority to bring things to a halt.
Ironically, the Texas Democrats will campaign for the Washington Democrats to end the filibuster, at least as far as electoral law goes.
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