As the Texas battle drags on over new electoral laws, Republicans have turned to a drastic option to end the stalemate: work with law enforcement to find and retrieve more than 50 Democratic MPs who refuse to return to the state Capitol.
It’s a last resort with little modern precedent in Texas, and at least it hasn’t worked so far. Republicans were again denied a legislative quorum on Friday to vote on a 33rd
Here’s a closer look at the holdout and what law enforcement involvement means:
Who is looking for Democrats?
Both members of the Texas Department of Public Security and Sergeants-at-Arms of the State House of Representatives are going into the homes of absent Democrats with civil arrest warrants, said Enrique Marquez, a spokesman for House spokesman Dade Phelan.
It is the first time law enforcement agencies have been involved in forcing Democrats back to the Capitol since their protest against a GOP electoral law began with a night-time strike in May. At the time, Republicans made no attempt to bring the Democrats back as it happened less than two hours before the deadline for the measure to pass.
When the Democrats left for Washington weeks later, the Republicans approved the option to use law enforcement to find them – but could not use it because state forces have no jurisdiction outside of Texas. However, now several Democrats have confirmed they are back home. But they are still staying away from the Capitol to continue denying Republicans a quorum of 100 legislators in attendance necessary to pass laws.
How many Democrats have to return?
Not many. Some Democrats are not part of the holdout, and earlier this week there were 96 representatives on the floor, leaving the GOP with few members before the quorum.
Can you be arrested?
The Democrats’ refusal to appear is a civil, not a criminal, matter, which means the arrest warrants signed by the House Speaker would not put lawmakers in jail. The goal is just to get them back to the Capitol.
Republicans have compared the warrants to prosecuting a jury who failed to appear in court. State Representative Jim Murphy, chairman of the House GOP Caucus, said he did not hope Democrats would be arrested. “I hope they come of their own accord,” he said.
However, it is not clear how far the soldiers would go if they tracked down an absent Democrat. Neither a DPS spokesman nor Phelan’s office immediately responded to questions about whether shackles could be used.
Criminal law experts and peace officials described the shackling of a person in civil matters as an atypical event, for example if a threat to the officer or public safety emerges during the encounter.
“It depends on the officer and the agency,” said Travis County Constable Carlos Lopez, whose office issues arrest warrants but is not involved in tracking down lawmakers.
Democrat Vikki Goodwin, a state MP who refuses to return to the Capitol, said a neighbor said her law enforcement officers came to her home when she was away. She said lawyers advised Democrats that when they are in their home they just don’t have to open their door and that if they are approached on the street to explain that they are unwilling to go with them and that they want to contact their lawyer.
“I really don’t want to face this case,” said Goodwin. “I’m just staying low.”
Democratic State Representative Celia Israel, who is back in Texas and still holding out, has dismissed the threat of the warrant.
“That’s a bunch of horse hockey,” she said. “It’s all theater.”
Click here to listen to the latest episode of the Lone Star Politics Podcast.
What if the Democrats keep staying away??
The final special session – the Republicans’ third attempt to pass the electoral law – runs into the first week of September. After that, Republican Governor Greg Abbott would have to call another 30-day session, which he promised, until the legislation reaches his desk.
Acacia Coronado is a corps member of the Associated Press / Report for America Statehouse News Initiative. Report for America is a not-for-profit national utility that places journalists on local newsrooms to cover undercover issues.
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