AUSTIN, Texas – Texas Attorney General Ken Paxton has filed a lawsuit with the Texas Supreme Court, seeking to declare 13 Democratic state House seats vacant. The legal action comes after a group of Democratic legislators left the state to deny the Republican-controlled House a quorum, aiming to block a vote on a new congressional redistricting map.
Attorney General Paxton stated in the filing, as quoted in a tweet by Nick Sortor, that "The rogue Democrat legislators who fled the state have abandoned their duties, leaving their seats vacant." He further asserted, "These cowards deliberately sabotaged the constitutional process and violated the oath they swore to uphold." Paxton has asked the Texas Supreme Court to formally declare these offices vacated.
This move marks an escalation in the ongoing legislative standoff, reminiscent of a 2021 quorum break by Democrats who left the state to protest proposed voting restrictions. The current absence of over 50 Democratic lawmakers prevents the House from reaching the two-thirds quorum required to conduct business, specifically to vote on the redrawn congressional map.
Paxton's lawsuit is a "quo warranto" proceeding, a legal action questioning an individual's right to hold public office. His office claims explicit authority to represent the state in such matters before the Supreme Court. If the court rules in Paxton's favor and declares the seats vacant, special elections would be held to fill them.
However, legal experts and Democratic lawmakers dispute the attorney general's interpretation. Critics argue that denying a quorum, while a tactic to halt legislative proceedings, does not equate to an intent to abandon office. Chad Dunn, an attorney representing one of the targeted Democrats, stated that proving abandonment requires showing both a failure to perform duties and an intent to relinquish the seat, neither of which he believes is evident in a quorum break.
The proposed redistricting map, backed by Republicans, could significantly alter the state's political landscape, potentially shifting several U.S. House seats to Republican control. The legal battle over these seats is expected to be a complex and lengthy process, with significant implications for the balance of power in the Texas Legislature.