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quorum

Here’s the support for challengers to quorum breakers

It’s limited, but it’s not nothing.

Rep. Claudia Ordaz Perez

A new coalition that wants to install “better” Democrats in the Texas Legislature is endorsing primary opponents to two House members who were central in intraparty disputes last year.

The Texans for Better Democrats Coalition is throwing its weight behind Candis Houston, who is running against Rep. Harold Dutton of Houston, and Rep. Claudia Ordaz Perez, who is competing against Rep. Art Fierro after she was drawn her out of her El Paso district during redistricting.

The Democratic group is also endorsing Harris County Judge Lina Hidalgo in her reelection bid as she faces a group of primary challengers including Erica Davis, the top staffer for a Harris County constable.

The coalition launched in October, and it is made up of three progressive groups tied to organized labor: the Texas Organizing Project, Communications Workers of America and Working Families Party. They are prepared to spend about $250,000 across the three primaries, funding field and mail programs in each one, said Pedro Lira, co-director of the Texas WFP.

“We’re in it to win it,” he said.

[…]

Ordaz Perez chose to run against Fierro after the Republican-led redistricting process forced her into the same district as a fellow Latina Democrat, Rep. Lina Ortega. In announcing her campaign against Fierro, Ordaz Perez criticized him for being one of the first House Democrats to return from the quorum break. A number of other House Democrats who remained in Washington, D.C., longer are backing her against Fierro.

In an interview, Fierro defended his decision to return along with two other El Paso-area Democrats, saying they had achieved their three goals from the start: staying off the floor for the remainder of the first special session, bringing national attention to the bill and “light[ing] a fire under Congress” to pass federal legislation protecting voting rights.

“I was on the bad-election-bill battle from day one,” he said, pointing to his efforts to fight it as a member of the House Elections Committee.

See here for the background. I noted both Dutton and Fierro as potential targets for such a campaign, mostly because nearly all of the other non-leavers and early-returners were not running or not opposed in the primary. I am of course all in for ousting Dutton – you can listen to my interview with Candis Houston here – but I don’t know enough about either Fierro or Ordaz Perez to offer an opinion beyond the quorum issue. The money being put up will help, though as we are less than a week out from early voting it might be less effective than it could have been. I’m just guessing about that.

I got an email from this group on Monday morning announcing the endorsements – I’ve pasted it beneath the fold for you. I’m glad to see them also endorse Harris County Judge Lina Hidalgo, who has earned the support she’s receiving. We’ll see if they can make a difference.

(more…)

On primarying the quorum breakers

Of interest.

Working Families Party, a political party and relative newcomer to Texas politics that backs Democrats aligned with their platform, aims to spend in the ballpark of half a million dollars this cycle, WFP Texas Co-director Pedro Lira told the Signal.

Much of that money will go to door-to-door canvassing.

“At the end of the day, when you can really connect with people face to face, that’s really what motivates people to get out to vote,” Lira said. “We’re trying to build a real base of working class people. You can’t do that without involving those people.”

[…]

In partnership with CWA and Texas Organizing Project, WFP is also bankrolling “Texans for Better Dems,” a new political action committee that will primary Democrats in the state legislature who returned from Washington D.C. to restore quorum, a move that caused a rift in the state party and led to the creation of the Texas Progressive Caucus.

“We were incredibly proud of the Democrats who fled the state to deny Republicans quorum. It’s exactly the kind of leadership that we need from our elected officials,” Lira said. “We were also just as disappointed to see some of those Democrats come back. And it’s because those Democrats gave Republicans quorum that bills like the abortion ban and the anti-voting legislation were able to pass.”

Lira said the PAC was created specifically to primary those Democrats.

This was a thing I wondered about, and had seen some speculation about a few months ago when the quorum was freshly broken and tempers were high. I tried to keep an eye on it during the filing process, but there was a lot to keep up on, and if any WFP-backed candidates were out there, they didn’t make their presence known in a way that was visible to me. Now that we’re well past the filing deadline, let’s revisit this.

The first question is who the potential targets would be. I did a little digging into who among the Dems were here during the quorum break in Special Session #1, and who came back during Special Session #2 to bring the attendance count to the required level – this was in response to a private question I was asked. Long story short, I trawled through the daily journals on the Texas Legislature Online site, and found enough record votes to mostly fill in the picture.

For the first special session, I identified the following Dems who were present in Austin: Ryan Guillen, Tracy King, Eddie Morales, John Turner, Abel Herrero, Terry Canales, and Leo Pacheco. (There’s one I can’t identify; I suspect it was Harold Dutton, but he shows up in the next session, so it doesn’t really matter.) Guillen is now a Republican, Pacheco has since resigned, and Turner is not running for re-election. According to the SOS Qualified Candidates page, none of the others have primary opponents.

For the second special session, we can add these legislators, who were either there from the beginning or who showed up while the quorum was still not established: Dutton, Art Fierro, Mary Gonzalez, Bobby Guerra, Oscar Longoria, Eddie Lucio Jr, Joe Moody, James Talarico, Garnet Coleman, Armando Walle, and Ana Hernandez. Lucio and Coleman are not running. Talarico is running in a different district, HD50, which is open now that Celia Israel is running for Mayor of Austin. Fierro was paired with Claudia Ordaz Perez in redistricting. Of the rest, only Dutton and Gonzalez have primary opponents, and Dutton was a target well before the quorum break issue. Gonzalez, who has had primary challengers in the past as well for other reasons, faces someone named Rene Rodriguez, about whom I could find nothing. If the goal was to primary these Democrats, it sure doesn’t look like that goal was achieved.

Now, the WFP may well be playing a longer game. As we know, there wasn’t much time between the passage of the new maps and the start of filing season. Maybe they decided it was better to wait until 2024, or maybe they decided to focus more on races like CD35 (they have endorsed Greg Casar) and CD30. Maybe they’ll back Ordaz Perez and David Alcorta, the other candidate in HD50. Who knows? If they intended to make a bigger splash than that, I’d say they came up short. We’ll see what happens after this election.

Crystal Mason using SB1 to try to overturn her illegal voting conviction

Hope this works. It would be one small good thing to come out of that otherwise harmful law.

Crystal Mason, the Tarrant County woman whose illegal voting conviction has garnered national attention, is asking for a Texas appeals court to overturn her conviction under a new provision of Texas’ recently adopted election law Senate Bill 1.

Mason, 46, was sentenced to five years in prison for attempting to cast a ballot in 2016′s presidential election. At the time, Mason was on supervised release from a federal tax fraud conviction and was prohibited from voting in Texas.

Her lawyers with the American Civil Liberties Union this week filed a brief with the Texas Court of Criminal of Appeals citing the state’s new election law that took effect earlier this month in asking for her conviction to be overturned.

Tucked within SB 1 that was passed by the Texas Legislature in this year’s second special session is a section erasing criminal penalties for felons who attempt to vote without knowing that they were committing a crime. That portion of the law came about with Mason’s conviction in mind.

“SB 1 is a repudiation of Ms. Mason’s conviction and five-year sentence of incarceration,” the brief states.

[…]

Her attorney with the American Civil Liberties Union declined a request for comment. The Tarrant County District Attorney’s office, which prosecuted and has argued against overturning Mason’s conviction, said in an emailed statement that SB 1 has no bearing on Mason’s case.

“Even under the new law, she is guilty,” office spokeswoman Anna Tinsley Williams said. “She wasn’t convicted simply for casting the provisional ballot; she was convicted for casting a provisional ballot when she knew she was ineligible to vote. Knowledge of ineligibility is the key. This is not a case of mistaken voting.”

See here and here for some background. House Democrats had negotiated an amendment in the original bill during the regular session that would have retroactively covered Mason’s case, but it was taken out in the conference committee version by Senators on the committee, and that breaking of the faith was one of the catalysts for the initial quorum break during the regular session, which prevented the bill from getting a final vote. In the second special session, after House Dems had returned from Washington, a similar amendment was added to the House version of the bill, but it again ran into resistance in the Senate, with bill author Bryan Hughes the main obstacle. (How bad does Hughes look when even Briscoe fricking Cain was willing to add this provision to the bill?) If people can read the final version of the bill to include or not include Crystal Mason in its scope, then it’s at best a tossup what the CCA will do, and given their usual pro-prosecution bias, I can’t say I’m optimistic. But it’s sure worth the try.

Michelle Beckley files for Lt. Governor

And now there are three.

Michelle Beckley

Democratic state Rep. Michelle Beckley of Carrollton, who gained national attention for joining lawmakers who fled to Washington, D.C., to block a Republican election bill this summer, is running for lieutenant governor, expanding her party’s primary to three contenders.

In her campaign announcement on Tuesday, Beckley said she was running because Republican incumbent Dan Patrick is implementing policies that “hurt Texas business and make life harder for all Texans.”

“I’m running for Lieutenant Governor because politicians are putting ideology ahead of results that matter to Texans,” she said. “In the last legislative session alone, they worked to limit voters’ rights, put bounties on women, marginalize minorities, and make-up false boogeymen in our schools, and the health and wealth of Texans suffered. I’m running to stop them.”

Beckley joins a race that already includes political commentator Matthew Dowd and Houston accountant and auditor Mike Collier, who was the Democratic nominee for the position in 2018 and came within 5 percentage points of beating Patrick. She said she was recruited to run for the position but did not say by who.

Beckley said she joined the race to give Democratic voters another option and a candidate with more legislative experience.

“Neither one of those candidates has won an election,” she said. “I won an election in a hard district and improved my margins.”

[…]

Beckley said Republicans will have a fundraising advantage over her, but she plans to raise enough money to get her message out and win over voters.

“I was outspent 10-to-1 my first election. Nobody thought I was gonna win that either,” she said. “I’ve done it before. So I’m confident I could do it again. I wouldn’t be running if I didn’t think that.”

Beckley said her top priorities as lieutenant governor would be expanding Medicaid, fixing shortcomings in the state’s power grid and fully funding public education. Those issues are in line with the priorities of the other candidates in the Democratic primary.

But Beckley, one of the most liberal members of the Texas House, is also known for her support for marijuana legalization, abortion rights and her call for more gun control after the 2019 mass shootings in El Paso and Midland-Odessa.

Beckley said she is a candidate who can bring “balance” to the position of lieutenant governor. Issues like marijuana legalization and Medicaid expansion would benefit rural communities whose farmers could benefit from growing marijuana for business and whose struggling hospitals would be helped by a change in the health care system, she said.

But she does not back down from the positions she’s taken on immigration, abortion rights and guns, saying she’s portrayed as a liberal when she believes her actions are in step with the majority of Texas voters.

“Our state has gone to the extreme and I am the values of the moderate,” she said. “In many other states I would not be considered liberal at all.”

I don’t know about that last statement, but as we know there’s been consistent polling in recent years showing popular support for marijuana legalization and Medicaid expansion, with at worst modest support Roe v Wade and not making abortion more illegal in Texas. Whether any of that can flip her some votes in East Texas is another question – and I say this as someone who advocates for the Medicaid and marijuana issues as a way to appeal to rural constituencies – but she will hardly be out on a limb campaigning for them.

As the story notes, Beckley had announced a candidacy for CD24 before the map was redrawn to make it a Trump +12 district. Her HD65 was also made to lean Republican, though it would not surprise me to see it flip in a cycle or two. If she can win the nomination, it’s likely that she has at least as good a shot at beating Dan Patrick as she would have had in either of those races.

She does have to win the primary first. As a two-term State Rep, her name ID will not be very high – I’d say Mike Collier is much better known, at least among Dem primary voters, thanks to his past candidacies – but being the only woman on the ballot (if no others join in) will help her. She had $25K on hand as of July, so fundraising is going to be a high priority for her – there’s only one way to get your name out there in a statewide race, and it doesn’t come cheap. I welcome her to the race and look forward to seeing what she has to say. The more people out there telling everyone what a lousy Lite Guv we now have, the better.

Comings and goings

Rep. Lloyd Doggett will run in a new district again.

Rep. Lloyd Doggett

Longtime U.S. Rep. Lloyd Doggett, D-Austin, has decided to run for reelection in Texas’ 37th Congressional District, opting to vie for one of Texas’ two new congressional districts — a bright-blue seat concentrated in Austin — rather than his current district, which reaches down to San Antonio.

Doggett announced the decision Sunday in an email to supporters and then shared it in person Monday outside Bryker Woods Elementary School in Austin.

“Nobody, me included, has any entitlement to public office, but Bryker Woods does issue reports cards,” Doggett said, “and I’m ready for my neighbors to grade my service in Congress and my devotion to the families of this city.”

Doggett currently represents the 35th Congressional District, which runs from Austin down along Interstate 35 to San Antonio. The proposed 37th District is far more compact, contained almost entirely within Travis County, home to Austin. Both are currently safely Democratic districts — and likely to remain so after redistricting.

[…]

Doggett also survived the last round of redistricting by switching districts, changing to the 35th District, which was new at the time. It was drawn to be a Hispanic-majority district, and Doggett faced a primary against then state Rep. Joaquin Castro of San Antonio. But Castro ultimately ran for the San Antonio-based 20th Congressional District after its Democratic incumbent, Charlie Gonzalez, announced his retirement.

Doggett’s chances of reelection in the new district are high. He has served in Congress since 1995 and a built a massive campaign war chest, totaling $5.4 million as of Sept. 30.

Doggett’s decision to run in CD-37 means there will be an open seat in CD-35.

Potential Democratic candidates for the 37th District have included state Rep. Gina Hinojosa of Austin and Wendy Davis, the former Fort Worth state senator and 2014 gubernatorial nominee who unsuccessfully challenged U.S. Rep. Chip Roy, R-Austin, last year.

Doggett was first elected in what was then CD10. In the DeLay re-redistricting of 2003, he moved to what was then CD25, then into CD35 as noted. I’m just going to leave this here:

Someone needs to start a project to track down everyone who has been continuously represented by Lloyd Doggett since 1995.

Rep. Doggett may or may not get some real competition for CD37. I’d make him a heavy favorite against pretty much anyone. As for CD35, that will likely draw a crowd.

Progressive firebrand and Austin City Council Member Greg Casar is likely to run for Congress in Texas’s 35th District, he told the Texas Observer in an interview.

“It’s very likely that I’m running,” says Casar, who has formed an exploratory committee to examine a run for the district that runs from Austin to San Antonio. “The maps haven’t been signed into law yet, but shortly after they are, I will make things much more official.”

[…]

The prospect of a newly open seat in a heavily Democratic majority-minority district sets the stage for a potential primary battle.

State Representative Eddie Rodriguez, who’s served in the Legislature since 2003, is reportedly “taking a hard look” at a run for the 35th; his southeast Austin state House district sits almost entirely within the new 35th boundaries. Also, longtime San Antonio Representative Trey Martinez Fischer requested that lawmakers draw him into the 35th, indicating that he may also run. Claudia Zapata, a progressive activist in Austin, is currently the only officially declared candidate. Casar’s home and his north-central council district are in the 37th, right along the border with the 35th.

That story is all about CM Casar, and you can read it if you want to know more about him. I’m mostly interested in the name game at this point.

Moving along, we will have a new open State House seat in Bexar County.

State Rep. Lyle Larson, R-San Antonio, who bucked his party on a number of major issues this year, announced Wednesday he will not seek reelection.

In an email to constituents, Larson said he was following through on legislation he has repeatedly introduced that imposes a term limit of 12 years on any elected official at the state level.

“As a strong proponent of term limits, will follow the limits we previously proposed in this legislation,” Larson wrote.

Larson was first elected in 2010 to represent House District 122 in the San Antonio area.

He had been increasingly expected to pass on a 2022 reelection campaign as he grew disillusioned with his party and potential GOP candidates lined up for his seat. Larson was the only Republican to oppose the GOP’s priority elections bill that led House Democrats to break quorum this summer. He also was the only Republican to vote against legislation that Republican supporters argued would crack down on the teaching of critical race theory in Texas classrooms. More recently, he filed a long-shot bill during the current special session to provide rape and incest exemptions for Texas’ new near-total abortion ban, despite previously voting for it.

Rep. Larson, who had been targeted by Greg Abbott in the 2018 primary, was sure to draw challengers this primary as well. He’s also now got his 12 years in, which means he’s fully vested in the pension. That’s always a propitious time to pull the plug. As noted before the current HD122, which began the decade as the most Republican district in Bexar County, has moved sharply towards Democrats. It was also significantly changed in redistricting, and was made more red than it had been in 2020, but could still be competitive in the near future. Maybe if a more wingnutty Republican wins, that timetable could move up.

Also moving districts due to the new map:

State Rep. James Talarico, D-Round Rock, announced Wednesday he is moving to run for reelection in a different House district because his current district is being redrawn to be more favorable to Republicans.

Talarico said he would run in nearby House District 50, where the Democratic incumbent, Celia Israel, is not seeking reelection as she prepares to run for Austin mayor. He announced the new campaign with the support of the biggest names in Democratic politics in Texas, including Beto O’Rourke, Wendy Davis and Joaquin Castro.

Talarico currently represents House District 52, which is set to become redder in redistricting — going from a district that President Joe Biden won by 10 percentage points to one that Donald Trump would have carried by 4. HD-50, meanwhile, is likely to remain solidly blue after redistricting.

[…]

Whether Talarico can avoid a competitive primary for HD-50 is an open question. Earlier Wednesday, Pflugerville City Councilman Rudy Metayer announced he was exploring a run for the seat. Metayer is also the president of the Texas Black Caucus Foundation, and he released a list of supporters topped by two of the state’s most prominent Black politicians, state Sens. Borris Miles of Houston and Royce West of Dallas.

HD-50 is more diverse than the district Talarico, who is white, currently represents. In a series of tweets announcing his new campaign, Talarico prominently highlighted how he “call[s] out White supremacy on the floor,” a reference to his outspoken advocacy against Republican legislation aiming to restrict the teaching of “critical race theory” in Texas classrooms.

Talarico was part of the over 50 House Democrats who broke quorum this summer in protest of the GOP’s priority elections bill, though he was part of the first several to return, causing friction with some in his own party.

See here for more on Rep. Israel. I have to think that HD52 will still be attractive to someone on the Democratic side; that person may have a harder time of it than Rep. Talarico, but a 4-point Trump district is hardly insurmountable, and I’d bet on further change in a Dem direction. As for Talarico, I’ll be very interested to see how big a deal his coming back in the first wave from the quorum break is in his primary. I’m sure the subject will come up.

Closer to home:

State Rep. Dan Huberty, R-Houston, announced Tuesday he will not seek another term to the Texas House.

Huberty, who has represented House District 127 since 2011, said in a statement that “it is time for new opportunities in life.”

“I have thought long and hard about this decision,” Huberty said. “It’s been an honor to represent the people and communities of District 127 at the Texas Capitol, and I’m proud of the work our team has accomplished.”

During the 2019 legislative session, Huberty helped spearhead reforms to the state’s school finance system, which included $6.5 billion to improve public education in the state and pay teachers, plus $5.1 billion to lower school district taxes.

Huberty said Tuesday that his “interest in and passion for public education remains at my core” and said he believed that the school finance reform legislation from 2019 “will have a lasting impact for the school children of Texas for a long time to come.”

Another fully-vested-in-the-pension guy. Funny how those things work out. Rep. Huberty, like several of his colleagues, is one of those increasingly rare serious-about-policy types, who has done some good work with public education. As his district remains pretty solidly Republican, at least in the foreseeable future, the best we can hope for is someone who isn’t a total clown emerging from the Republican primary. Say a few Hail Marys and toss some salt over your shoulder.

And speaking of Republicans with policy chops, this was not unexpected but is still bad.

Amarillo state Sen. Kel Seliger, a Republican who often butted heads with Lt. Gov. Dan Patrick and was known to be a key swing vote for his party, will not seek reelection.

“After thoughtful consideration and with the reassurance of my family, including my new very vocal granddaughter, I have decided not to be a candidate for re-election to the Texas Senate,” Seliger said in a statement. “I am forever grateful for my family, supporters, staff, and those who. have worked on my behalf since 2004. Thank you for placing your trust in me as your Texas State Senator.”

Seliger said he will serve out the remainder of his term, which ends in January 2023. He has represented Senate District 31, which covers the Panhandle, South Plains and the Permian Basin, since 2005. Prior to that, he served four terms as mayor of Amarillo.

In the Legislature, Seliger was known as an advocate issues of public education, higher education and local control. He led the Senate Higher Education Committee for three sessions between 2013 and 2017. But as parts of the Republican Party in Texas shifted toward support of private school vouchers and against policies passed in Democrat-leaning municipalities, Seliger was often criticized for not supporting those stances and derided as a “liberal.”

[…]

As recently as Monday, Seliger was still breaking with Republican leadership in what he said was deference to his constituents. He was one of the only Republicans in office who openly opposed legislation to ban employers from requiring COVID-19 vaccines, saying the proposal, pushed by Gov. Greg Abbott, was “anti-business.” Earlier in the 30-day special session, Seliger was the sole GOP vote in the Senate against a bill that would clear the way for party officials to trigger election audits. Seliger reportedly said he opposed the legislation because it is an “unfunded mandate of the counties, and I’m opposed to big government.”

His maverick streak led to frequent conflict with Patrick, a conservative firebrand who presides over the Senate. In 2017, Seliger voted against two of Patrick’s legislative priorities: a bill restricting local governments’ abilities to raise property tax revenues and another one providing private school vouchers. The next session, Patrick stripped Seliger of his chairmanship of the Higher Education Committee prompting a back and forth with Patrick’s office that escalated to Seliger issuing a recommendation that a top Patrick adviser kiss his “back end.” (Seliger ultimately apologized, but only for directing the comment at the adviser and not at Patrick himself.)

There used to be a lot of Kel Seligers in the State Senate, and in the Republican Party. Now they run the gamut from Joan Huffman to Bob Hall, and the next person to be elected in SD31 is almost certainly going to be on the Bob Hall end of that spectrum. We sure better hope we can beat Dan Patrick next year.

Finally, here’s a non-legislative vacancy that may have an effect on the House delegation in 2023.

The race for Bexar County judge is wide open as the 2022 election approaches.

Bexar County Judge Nelson Wolff confirmed last week that he would not seek reelection next year. Wolff has served as the county’s leader since 2001. Local political scientists say they expect a packed Democratic primary, though the number of officially declared candidates currently sits at zero.

So far, only state Rep. Ina Minjarez has publicly announced interest in the seat; she tweeted that she was exploring a run after Wolff announced his decision not to run again.

“I’ve received countless calls from community members for me to consider running for Bexar County Judge; with today’s news I’ve decided to form an exploratory committee,” she wrote on Oct. 6.

Rep. Minjarez was the only legislator mentioned in that story, but County Judge is a pretty good gig, so others may check this out. Being a County Judge is also a decent stepping stone to higher office, if that’s on one’s path. I will keep an eye on that.

With the mapmaking done, I expect we’ll start to hear about more people getting in, getting out, and moving over. And the January finance reports are going to tell us a lot. Stay tuned.

Commissioners Court avoids quorum break

Good.

Harris County Commissioners Court this week unanimously agreed on a proposal to cut the overall property tax rate for the coming year, a compromise that avoids a potential quorum break by Republicans that would have forced an even deeper cut.

The rate of 58.1 cents per $100 of assessed value is 3 percent less than the current levy. This means the owner of a home valued at $300,000, with the standard 20 percent homestead exemption already factored in, could save up to $54 in the first year. However, as Harris County Appraisal District valuations continue to rise, homeowners could see slightly higher tax bills, despite the lower rate.

The overall rate is the sum of the rates Commissioners Court sets for four entities: the county as a whole, the flood control district, the hospital district and the Port of Houston. Compared to the current levies, the flood control district rate will increase slightly, while the other three entities would see a rate cut.

Democratic Precinct 2 Commissioner Adrian Garcia last week proposed a rate of 58.6 cents per $100 of assessed value, a 2.2 percent cut from the current rate of 59.9 cents.

The two Republican members wanted more significant savings for taxpayers, noting economic hardships wrought by the COVID-19 pandemic. Precinct 3 Commissioner Tom Ramsey proposed a rate of 57.9 cents.

County Judge Lina Hidalgo warned against cutting the tax rate, and thus revenues, too much because it will make raising more revenue in the future more difficult. That is because of a revenue cap the Legislature placed on cities and counties last year which limits year-over-year growth to 3.5 percent without voter approval.

“We should be negotiating on what the county needs,” Hidalgo said. “It does not benefit me, politically, to want to cut taxes less. I simply know we’re headed down a dangerous path.”

After hours of haggling at a hearing Tuesday afternoon, the panel agreed on the 58.1 cent rate, which Garcia offered as a compromise. The court at one point was mulling a half dozen options and County Administrator David Berry confessed he was struggling to keep track of who had proposed which.

See here for the background. They say in baseball that you gain more by avoiding dumb decisions than you do by making brilliant ones. I’m just glad we were able to avoid the dumb outcome here.

Republican County Commissioners ponder another quorum break

It’s a thing they can do, and have done in recent times. They shouldn’t, not for this, but they can.

The three Democrats on Harris County Commissioners Court on Tuesday proposed cutting the overall property tax rate for the third year in a row, though the two Republican members left open the possibility they may force the adoption of a lower rate by skipping the vote in two weeks.

County Administrator David Berry warned that option would leave the county scrambling to pay for essential services, including debt service for the $2.5 billion flood bond program. Republican commissioners Tom Ramsey and Jack Cagle, however, see an opportunity to compel the Democratic majority to cut what they view as wasteful spending.

“We are having a budget challenge because of wasteful spending, not because of tax rates,” Ramsey said, citing the creation of new county departments and hiring outside consultants for various studies. “So, when we adopt a tax rate, it should be in that context.”

Each year, Harris County sets the tax rate for the county government, flood control district, hospital district and Port of Houston; the first three together comprise an overall rate that is used to calculate each property owner’s annual tax bill.

Berry proposed an overall rate of 58.6 cents per $100 of assessed property value. This would save the owner of a home valued at $200,000 with the standard 20 percent homestead exemption $27 since their last tax bill.

The three Democrats on Commissioners Court have expressed support for that rate.

Cagle’s pitch of 57.5 cents per $100 of assessed value, which included lower county and hospital district rates, would save this same homeowner $48.

The Precinct 4 commissioner said residents who still are struggling through the COVID-19 pandemic deserve more property tax relief.

“When we do the tax rate hearings, we need to be very careful that we make sure we don’t keep just the tax-spender mindset,” Cagle said. “The taxpayers, right now, are going through a rough season in their lives.”

[…]

The pair of Republicans have rare power over the tax issue because while they frequently are out-voted 3-2 by the Democratic majority on the court, Texas law requires a quorum of four members to set tax rates.

That means they simply can skip the Sept. 28 meeting when the vote is scheduled and thwart the Democrats’ plan; Cagle and then-commissioner Steve Radack did this in 2019 to block a tax hike the majority had proposed.

If the court does not approve new tax rates before Oct. 15, by law they revert to what is called the no new revenue rate, a steeper cut than even Cagle had proposed.

Berry said that would leave the county unable to fully fund the budget Commissioners Court unanimously approved in February. It also would constrain the county budget in coming years under a Texas Legislature-imposed revenue cap, which limits annual growth to 3.5 percent unless approved by voters.

“Over time, going to no new revenue rates are going to be very, very difficult for the county, given what we see in terms of rising health care and pension expenses,” Berry said.

He cautioned that reverting to the bottom rates would leave the county flood control district without enough to pay debt service on the bond program voters approved in 2018. That also could spook creditors and threaten the county’s robust AAA bond rating.

All five court members agree falling behind on debt payments would be foolish.

See here and here for more on the previous quorum break. If everyone agrees that a Cagle and Ramsey walkout would lead to a bad fiscal outcome for the county, then the very simple and logical solution is for them to not do that. They’re getting some of what they want, which is not a bad outcome for a political minority, and they have the option of campaigning for their alternate vision in an attempt to win back a majority position on the Court for next year. Done and dusted, let’s move on.

But if they choose to break quorum to force an even lower tax rate, in the name of “cutting spending”, then it is incumbent on the Democratic majority to respond. They can’t change the quorum requirement, which is a quirk of the state constitution, but like the Republican majority in the Legislature there are things they can do to make the price of breaking quorum higher. I would endorse two things to do in response: One, rewrite the budget so that the full cuts that would have to occur come entirely from Cagle and Ramsey’s apportionment. Do whatever it takes to make them feel the pain, since they were the ones who wanted the pain in the first place. And two, absolutely go for a maximalist redistricting map, to eject one of them from their current positions. Don’t play nice, don’t let bygones be bygones, just respond in kind and let them absorb the lesson that their actions have consequences. It’s basic stuff.

Now again, none of this has to happen. Commissioners Cagle and Ramsey can show up and vote how they see fit, and still get a lower tax rate even if it’s not as low as they would like. You can’t always get what you want, especially when you’re outvoted. Or they can go their own way and force their will onto the county, and see if the Dems have it in them to do payback. We’ll know on September 28 what they choose.

Sine die’d

Special session 2.0 is over. And what a lousy thing it was.

The Texas Legislature adjourned its second special session Thursday evening, ending a nearly 30-day stretch that was called to pass a GOP elections bill after House Democrats carried out a weekslong quorum break to block the passage of that legislation during the summer’s first overtime round.

The two chambers gaveled out minutes apart after giving final approval to a number of Gov. Greg Abbott’s agenda items, including so-called critical race theory legislation and a bill that will, among other things, restore funding for the Legislature itself.

The House adjourned first, with House Speaker Dade Phelan, R-Beaumont, wishing members a happy Labor Day weekend before gaveling out.

Over in the Senate, Lt. Gov. Dan Patrick told senators he was proud of their work and nodded to another yet-to-be-called special session that will focus on the redistricting process in the coming weeks — where lawmakers will draw new political maps for the state’s congressional delegation, the Legislature and the State Board of Education.

“We’ll be back soon,” he said. “There’s a little bit of unfinished business yet to be done.”

Earlier Thursday, state lawmakers passed legislation that restores funding for the Legislature — including salaries and benefits for some 2,100 state employees — that was set to run out at the end of the month after Abbott vetoed those dollars earlier this summer. The governor’s veto was intended as retribution for House Democrats who walked out of the Capitol in the final hours of the regular legislative session to block a GOP elections bill in May.

In addition to restoring the funding, the Legislature this week passed a similar version of that controversial GOP elections bill. State lawmakers also reworked the process for releasing accused criminals on bail, beefed up border security fundingexpanded virtual learning for studentsrestricted use of abortion-inducing drugs and banned the storage or disposal of high-level radioactive waste in Texas.

The small bit of good news is that the transgender sports bill and the last-minute fraudit bill did not pass, though as noted there will be another shot at that. Redistricting is up next, and the rumor mill suggests we will have two weeks off before the machinery cranks up again. I suppose it’s possible there could be a temporary restraining order in the lawsuit filed against doing legislative redistricting, but as Congressional redistricting would still be on the menu that would not stop the session from being needed. Anyway, enjoy the brief respite before the next bout of madness begins.

Final passage of the voter suppression bill

That’s all for now, we’ll see you in court for what will likely be a frustrating and unsatisfying denouement.

A wave of changes to Texas elections, including new voting restrictions, are headed to Gov. Greg Abbott’s desk.

Three months after House Democrats first broke quorum to stymie a previous iteration of the legislation, Republicans in the House and Senate Tuesday signed off on the final version of Senate Bill 1 to further tighten the state’s voting rules and rein in local efforts to widen voting access. Abbott, a Republican, is expected to sign it into law.

The bill was delayed one more time as its Republican author, state Sen. Bryan Hughes, disapproved of language added by the House to address the controversial conviction of Crystal Mason, a Tarrant County woman facing a five-year sentence for a ballot she has said she did not know she was ineligible to cast. Hughes’ objection triggered backroom talks to strip the Mason amendment before the bill could come up for a final vote.

[…]

On Tuesday, Democrats decried the Senate’s objection to the Mason amendment, with state Rep. John Turner, D-Dallas, stating he hoped it was “not because they believe that more people in situations like that of Crystal Mason should be prosecuted or imprisoned.”

[Rep. Garnet] Coleman and Turner were part of the panel that worked out the final version of the bill in backroom talks. Despite their support for the amendment, House Republicans on that panel also signed off on removing it.

The amendment — offered by state Rep. Briscoe Cain, R-Deer Park, but worked on as a bipartisan effort — was meant to prevent voter mistakes from being prosecuted as fraud.

“We’re just ensuring that people who do innocent things are not harmed from their past mistakes,” Cain said before it was quickly adopted by the House last Thursday.

Mason was convicted of illegal voting for casting a provisional ballot in the 2016 election while she was on supervised release for a federal tax fraud conviction. Her vote was never counted, and Mason has said she had no idea she was ineligible to vote under Texas law and wouldn’t have knowingly risked her freedom.

Tarrant County prosecutors pressed forward to land the conviction, which was upheld by a state appeals court that ruled that the fact Mason did not know she was ineligible was “irrelevant to her prosecution.” Her case is currently under review by the Texas Court of Criminal Appeals, the state’s court of last resort for criminal matters.

Cain’s amendment would have clarified existing law that currently defines illegal voting as an instance in which a person “votes or attempts to vote in an election in which the person knows the person is not eligible to vote” by emphasizing that a person must be aware of the “particular circumstances that make the person not eligible” and also that “those circumstances make the the person not eligible” to vote.

Mason’s case has played out as Republicans’ baseless claims of rampant illegal voting have intensified. But with lack of widespread evidence, her case has landed among the handful of high-profile prosecutions of people of color.

Mason, who is Black, is appealing her case as the Texas attorney general’s office prosecutes Hervis Rogers, who is also Black, after he was featured in news coverage of the March 2020 primaries for being the last person to vote at Texas Southern University in Houston at 1 a.m. His registration was active even though he was a few months away from completing his parole as part of a 25-year prison sentence for burglary and intent to commit theft in 1995.

Hughes on Thursday said the amendment raised concerns for “people in the building” and “outside the building” that the language could go farther than intended, and noted he believed non-citizens who vote in elections should be prosecuted even if they were not aware they were ineligible. Notably, the Mason amendment could have also affected the state’s prosecution of Rogers, who was charged with two counts of illegal voting.

Hughes also noted the bill still includes language that would require proof beyond a provisional ballot for an attempt to cast an illegal vote to count as a crime.

See here and here for some background. Credit to Briscoe Cain (a phrase I am unlikely to type again anytime soon) but in the end it was more important for the Republicans to keep going after the likes of Hervis Rogers and Crystal Mason because there aren’t any real voter fraud cases for them to tout. Look, either we get the John Lewis Act through the US Senate, or this is our reality until Democrats have full control of state government and sufficient awareness that even the watered down two thirds rule is a trap that (like the filibuster) will not allow them to pass anything of substance. I don’t care to speculate when that might be.

It’s fine

Some things never change.

The Texas House Democrats who bolted for roughly six weeks to stop the Legislature from passing new laws would have racked up about $20,000 each in fines under a rule change proposed to stop such quorum breaks in the future.

The rule, debated Saturday in a committee meeting, would not be applied retroactively, but it would add a $500 fine in the future for each day that a member skips a session without an excuse, leaving the House without the 100 members it needs to vote on bills. The rule would also allow the House to conduct some business even in the absence of a quorum. Committees and subcommittees could still meet and receive legislation, and the chamber could still receive messages from the governor and Senate.

“This rule is designed to keep members in their chairs. To stay, to talk, to debate, to not leave. But if they do leave, there are consequences associated with that,” said Rep. Drew Darby, a San Angelo Republican who is carrying the resolution.

There have only been a handful of quorum breaks in modern Texas politics, though the Democrats used walkouts in May and July to freeze the GOP-controlled Legislature.

Fines could be paid out of personal accounts or campaign accounts, and Darby noted that members could also use the $221 per diem they can collect when the governor calls them to Austin for a legislative session.

[…]

The change would last until House members return to Austin in 2023, at which point the Legislature would adopt new operating rules.

“Folks who left, I do not question their motive and their effort to represent the constituents they have. That is their duty and they operate under their duty as they perceive it,” Darby said, adding that what they did was in line with the rules at the time. Now it’s time to change those rules so it won’t happen again, he said.

Those of us who are old enough to remember the 2003 Senate walkout will recall that the remaining Senators voted to impose a $5000-a-day fine on the quorum busters. That was never made official, since it was a vote taken in the absence of a quorum. I don’t remember if there were any significant rule changes made in either chamber for the 2005 session. The House votes on its rules at the start of each session, and surely someone can propose this. It would almost certainly be adopted if Republicans remain in charge. Heck, if Democrats manage to gain control they might be happy to enact such a rule change themselves, as it would be a way to blunt the impact of the hypothetical Republican minority. They wouldn’t, for temperamental and other reasons, but it would be hilarious to see the arguments about it if they did at least consider it. Anyway, the point is that there’s nothing that can or should be done this session. But each new session begins with a more or less clean slate, and so we’ll see what if anything the 88th Lege cares to do about this.

Voter suppression bill passes the House

It was always to be, it was just a matter of when.

After months of drama and political resistance, the curtain has lowered on Democratic attempts to stave off a far-reaching rewrite of the state’s voting laws coveted by Republicans seeking to retain their hold on power in a changing Texas.

One week after finally regaining enough members to conduct business, the Texas House slogged through a 12-hour floor debate Thursday before signing off on a slightly revised version of the Republican legislation that first prompted Democrats to stage a nearly six-week absence from the Capitol. The late-night 79-37 initial vote on Senate Bill 1 moved the state closer to enacting new voting restrictions, including limits on early voting hours and other measures opponents say will raise new barriers for marginalized voters, especially voters of color, who tend to vote Democratic, and those with disabilities.

The House returned Friday to give the bill final approval, 80-41, leaving the House and Senate to resolve their differences before the legislation heads to Gov. Greg Abbott.

“You largely did what you wanted in this bill. You kept changing the bill in the dark, and you backed off agreements we had from time to time that you made with some of us,” state Rep. Senfronia Thompson, D-Houston, told the chamber’s Republicans before the Friday vote. “But make no mistake this is your bill, your idea, and you will be responsible for the consequences.”

Unlike in the spring regular legislative session, the two chambers are much more aligned in their proposals, with the House legislation embracing proposed restrictions it had not included in its previous version of the bill. On Thursday, it further amended various sections of the bill to more closely match the Senate’s version.

You can read the rest for the gory details. One hopes that a whole bunch of crap that was never debated or vetted will not be crammed into the conference committee version of the bill, as it was during the regular session, but as I’ve said before, Dan Patrick gets to have a say in that. There will be litigation, there will be hard questions and hard feelings for the Dems who came back and created the quorum, which was always going to happen eventually but which could and should have been done in a consensus manner, and there will be hope that the filibuster fanatics in the US Senate will figure out the existential nature of this crisis and pass the John R. Lewis Voting Rights Advancement Act, which would offer a strong bulwark against this kind of assault. That’s where we are, and now we get to try and stop the rest of the Greg Abbott Primary Campaign Agenda. Have a nice weekend. The Texas Signal has more.

Voter suppression bill passes out of House committee

Here we go again.

A Texas House committee on Monday advanced the GOP-backed voting restrictions bill that first prompted Democrats to stall legislative work during a weekslong quorum break.

The 9-5 party-line vote on the revived legislation, Senate Bill 1, is part of a third bid to enact proposals that would outlaw local efforts to make it easier to vote, ratchet up vote-by-mail rules and bolster protections for partisan poll watchers. It comes just days after the House regained enough Democrats to restart business following a nearly six-week exodus over the minority party’s opposition to the voting legislation.

With the second special legislative session past the halfway mark, the House Select Committee on Constitutional Rights and Remedies opted to replace the Senate’s bill with language from its own bill, House Bill 3. That means the House is essentially starting over with the same exact proposals that instigated a stalemate in the chamber following Democrats’ departure to Washington, D.C., in early July.

State Rep. Andrew Murr, the Junction Republican authoring the legislation, indicated he could “foresee” at least some changes to the legislation when it reaches the House floor, though it remains unclear how expansive those amendments could be.

“We’re picking up right where we left off from and so those changes are yet to come,” Murr told the committee.

He had faced questions from Democrats over possible revisions in light of an overnight hearing last month that garnered more than 12 hours of deliberations and public testimony, largely against the legislation, during which there seemed to be some tenuous consensus, including on possibly mandating training for poll watchers.

[…]

As they returned to the Capitol in larger numbers Monday, Democrats indicated they remained optimistic about successfully fighting the bill during the House’s floor debate. State Rep. Rafael Anchía, D-Dallas, pointed to Democrats’ ability to cut a deal on what was a pared down version of the bill during the regular legislative session. After the House approved that version in May, lawmakers reshaped the bill behind closed doors so that it swelled beyond what each chamber initially approved.

That reworked version of the bill instigated Democrats’ first quorum break at the end of the regular legislative session; it also served as the blueprint for the current legislation under consideration.

“We had a version of what was SB 7 leave this House in far better shape than it got here,” Anchía said. “We expect to be part of the process just like we were during the regular session.”

I mean, I dunno, maybe. It might take a little of the sting out of the restoration of the quorum, or at least provide the argument for doing so. Maybe this time they’ll at least listen to what all the advocates for the disabled community were saying about how the bill harms them. I just know that Dan Patrick is still going to get a say in what the final bill looks like, and there’s no reason to be optimistic about that. But the train has left the station, and all we can do is try to keep it from going off the rails.

The bail bill and the quorum

Now that there’s a quorum (or a “quorum”, if you prefer) in the State House again, bills other than the voter suppression bill are getting hearings and will be moved forward for votes. Nearly all of them are terrible, and most of them will breeze on through, but some of them may run into some resistance. These bills may actually have trouble passing if there are enough Democrats to vote against them. I say all that as preamble to say that there are reasons why legislators who had previously held firm on breaking quorum may want to reconsider.

A Texas House committee controlled by Republicans held off on advancing their party’s priority bail reform bill after a four-hour hearing Saturday, during which lawmakers from both parties took aim at a provision that would bar most charitable organizations from posting bail for certain defendants.

The news came as a pleasant surprise to opponents who expected the controversial measure to advance after state Rep. Trent Ashby, a Lufkin Republican in charge of the committee, announced at the outset of the hearing that he would call for a vote before adjourning.

Reversing course hours later, Ashby said the committee would probably consider the bill at its Monday hearing on unrelated legislation, citing the need for lawmakers to address issues raised during public testimony Saturday. He did not say how lawmakers might amend the 35-page bill, though a majority of committee members — including two Republicans who voted to advance prior versions — appear to oppose the restrictions on charitable bail organizations.

“What difference does it make where the money comes from?” said state Rep. Charlie Geren, R-Fort Worth. “If this is a way just to pay the bail bondsmen, let’s just say it.”

While Geren and state Rep. Travis Clardy, R-Nacogdoches, expressed newfound criticism of that portion of the bill, Saturday’s hearing otherwise closely resembled one held six weeks ago, when the same committee advanced an earlier iteration of the measure on a party-line vote.

Those who support the bill, most of whom are Republicans, continued to argue that the measure would crack down on the growing number of defendants charged with new felonies and misdemeanors while out on bond — a tally that has tripled in Harris County since 2015 — by limiting the opportunity for defendants to be released on no-cost personal bonds and giving judges more information about a defendant’s criminal history when setting bail.

The mostly Democratic opponents of the bill also rehashed their argument that the limits on no- and low-cost bonds would do nothing to curtail violent crime, with some pointing to a Houston Chronicle analysis that found most people accused of murder while out on bond in Harris County had secured their release by paying bail — a circumstance not directly addressed in the bill. They also say the proposed restrictions on personal bonds are overly expansive and would further overcrowd Texas jails, exacerbating an already massive backlog of cases that they say is mostly what’s driving the problem.

See here for the previous update. Let’s be clear about a couple of things. There’s plenty more about this bill that’s bad than just the ban on charitable organizations paying for bail. It would be simple enough for the Republicans to remove that provision (as they did with the “souls to the polls” and “make it easy for a judge to overturn an election” parts of the voter suppression bill), then pat themselves on the back and have it all declared to be fixed and vote it forward. They could also strip that provision from the House version, then have it added back in when it goes to conference committee. Dems have extremely limited power here, but if they are in full attendance that at least reduces the margin of error Republicans have, and allows for the possibility that the bill could just die because there weren’t enough votes for it. That’s a victory that has a chance to be longer-term. There are no guarantees – indeed, I’d call this scenario against the odds – but it could happen. But only if there are enough Democrats present to make that an actual possibility.

I’m not arguing for or against what any individual member should do at this point. There are still legitimate concerns for the remaining holdouts, and there needs to be a lot of work done to repair relationships where possible. All I am saying here is that now that there is a quorum, and other bills are being brought up for hearings and votes, the decision to attend or not at this point is more complex and nuanced than it was before. Please take that into consideration when other members of the Democratic caucus do or do not announce their return.

Is it really a quorum?

It is if no one is counting too closely.

Texas House Republicans finally got their long-sought quorum Thursday — by the skin of their teeth.

There were 99 members registered as present Thursday evening, the exact number needed to end the 38-day Democratic quorum break over the GOP’s priority elections bill. But it quickly became clear that some of the 99 members were not physically on the floor and instead marked present by their colleagues.

That means that the House could be operating with a tenuous quorum in the coming days, even if more Democrats start returning — though none were giving any indication of that Friday.

While some Democrats conceded Thursday night that the quorum bust was over, others were less willing to admit defeat.

“Based on numerous media reports, it seems evident there was not a true quorum present today — ironic, given this entire session is premised around Republicans preaching about so-called voter integrity,” Rep. Chris Turner of Grand Prairie, chairman of the House Democratic Caucus, said in a statement.

A group of 34 House Democrats released a statement Friday that called it a “questionable quorum” and warned that Republicans “will lie about the number of legislators present at the Capitol to establish quorum, keep Texans in the dark, and bend the rules to get their way.”

In a follow-up interview, Turner said the apparent lack of a real quorum was “of grave concern.” He declined to speculate on whether the Democratic presence on the floor would grow when the House next meets on Monday.

[…]

If the quorum margin continues to remain on the razor’s edge, Republicans cannot afford to have any absences and would have to continue showing up unanimously or close to it. They proved they were willing to go to those lengths Thursday with the attendance of Rep. Steve Allison of San Antonio, who recently tested positive for COVID-19 and registered as present while isolating in an adjacent room.

Allison tested negative Thursday and plans to be on the floor Monday and the following days that lawmakers are in session, according to his chief of staff, Rocky Gage.

The House can’t do business without a quorum, which is two-thirds of the chamber, a threshold that stands at 100 when all 150 seats are filled. With two vacant seats pending special elections to replace former state Reps. Jake Ellzey, R-Waxahachie, who is now in Congress, and Leo Pacheco, D-San Antonio, who resigned effective Thursday to work for San Antonio College, quorum threshold is currently 99.

The special election for Ellzey’s seat is Aug. 31, though it could go to a runoff at a later date. And the special election for Pacheco’s seat has not been scheduled yet.

The 99 members that effectively make up the current quorum include all 82 Republicans; 14 Democrats who, before Thursday, had never broken quorum or had already chosen to return to the floor; and three new Democratic defectors who announced their arrival shortly before quorum was met Thursday evening: Houston Reps. Armando Walle, Ana Hernandez and Garnet Coleman.

Without a mass return of the remaining Democrats, reaching a quorum in the coming days could still be a dicey proposition.

That is, of course, if House leadership actually counts how many members are physically present — something they have no incentive to do as they seek to put the quorum break in the past. Any member present can request “strict enforcement” of a vote, which would force a more accurate attendance count, but that did not happen Thursday.

“Who is asking for strict enforcement?” one of the Democrats still breaking quorum, Rep. Michelle Beckley of Carrollton, tweeted shortly before the House met and quorum was established.

It is unclear what incentive the members who are showing up have to call for strict enforcement — they are mostly Republicans who are eager to get back to work and move past the quorum break. The same could arguably be said of the Democrats who have been present.

See here for the previous entry. Monday is a hearing day for the voter suppression bill, so if there is going to be a quorum challenge, that would be the day to do it. It’s also possible – likely, perhaps – that more Dems will be there on Monday on the grounds that once the session has begun and business will be conducted, there’s little value in continuing to stay away. At that point, you may as well fight it out in person as best you can. It’s a fight you’ll lose, of course, but the alternative is losing by forfeit. There is definitely a big conversation to be had about why some members decided now was the time to return, but that’s for another day. This is the task at hand. Stace, who focuses on the latest voting rights bill in DC – it is very much not too late to pass that bill, and as an extra added bonus it would defang the Supreme Court and its ability to rubber stamp voter suppression – has more.

We have a quorum

Welp.

For the first time in nearly six weeks, enough lawmakers were present in the Texas House on Thursday for the chamber to conduct business — opening the door for the passage of the GOP priority elections bill that prompted Democrats to flee the state in July in an effort to shut down the legislation.

[…]

Although the House reached the minimum number of lawmakers to conduct official business Thursday, it’s unclear whether the chamber will be able to maintain those numbers for the duration of the second special session, which ends Sept. 5.

The House’s return to regular order was boosted by the return of several Democrats who had opted to stay away during the first special session. Democrats like Rep. James Talarico of Round Rock; Joe Moody, Art Fierro and Mary Gonzáles of El Paso; and Eddie Lucio III of Brownsville had boosted the chamber’s numbers after holding out during the first special session.

On Wednesday night, Houston Democrat Garnet Coleman told The Dallas Morning News that he would be returning to the chamber, bringing the House one lawmaker closer to the 100 lawmakers it needed to conduct business. When San Antonio Democrat Leo Pacheco’s resignation went into effect Thursday, the quorum requirement dropped to 99 lawmakers. (Pacheco is reportedly resigning to teach public administration at San Antonio College).

Houston Democrats Armando Walle and Ana Hernandez joined Coleman in his return Thursday evening, with Walle pushing a wheelchair for Coleman who’d recently undergone surgery on his leg.

In a joint statement, the three Democrats said they were “proud of the heroic work and commitment” their caucus had shown in breaking quorum.

“We took the fight for voting rights to Washington, D.C. and brought national attention to the partisan push in our state to weaken ballot access. Our efforts were successful and served as the primary catalyst to push Congress to take action on federal voter protection legislation,” the statement read. “Now, we continue the fight on the House Floor.”

The lawmakers pointed to the surge in COVID-19 cases in the state, an overwhelmed hospital system and the return of children to school as efforts that the Legislature needed to work on.

“It is time to move past these partisan legislative calls, and to come together to help our state mitigate the effects of the current COVID-19 surge by allowing public health officials to do their jobs, provide critical resources for school districts to conduct virtual learning when necessary, while also ensuring schools are a safe place for in-person instruction, and will not become a series of daily super-spreader events,” the statement said.

Suffice it to say that the reaction I’ve seen from folks on Twitter is not particularly positive to this. I have nothing but respect for Rep. Garnet Coleman, but I don’t understand the thinking here. Maybe it will make more sense in the coming days, but right now you can count me among the puzzled and disbelieving. The Senate has already passed all of Abbott’s bills, so at any time the House will be able to finish the job, and that will more or less be that.

This was going to have to happen sooner or later, it was just a matter of how. I would have preferred it to be a consensus decision, but here we are. There is another voting rights bill queued up in Congress, with our friend Sen. Manchin as a co-sponsor, and while it will get an August vote there’s still no indication that it will get a waiver on the filibuster. Maybe that does pass, and the Texas Dems are cited as an inspiration, and I’ll feel differently. Right now, I’m not sure what was accomplished. The Chron has more.

Still no Dems arrested yet

Finally, a story that points out the same thing I’ve been saying about those arrest warrants.

More than a week after Republicans in the Texas House voted to authorize arrests of their quorum-busting Democratic colleagues, no such roundup has come to fruition.

As of Wednesday, there were no known cases of absent Democrats being arrested, and the chamber was still shy of the 100 members it needs for a quorum to conduct official business. That is despite its Aug. 10 vote to proceed with the arrests, Speaker Dade Phelan’s signing of 52 warrants later that day and his announcement two days later that the House sergeant-at-arms had deputized state law enforcement to track down the missing Democrats.

So far, it appears that their bark is worse than their bite: Grand Prairie Rep. Chris Turner, the leader of the House Democratic Caucus, said Tuesday that “the only thing that [he’s] aware of is that the House sergeant-at-arms has paid a visit to some members’ homes.”

Phelan spokesperson Enrique Marquez said Wednesday that the House sergeant-at-arms and law enforcement had “already visited several major metropolitan areas” to try and locate absent members “and will continue to do so until quorum is reached.”

But it’s still unclear whether the situation will escalate to the point of actual civil arrests, which Rep. Jim Murphy of Houston, the chair of the House Republican Caucus, acknowledged during a caucus news conference on Monday at the Capitol.

“I don’t know that they’re gonna go to that level,” Murphy said. “At this point it’s more like a jury summons … a paper that’s delivered, and that’ll be another conversation down the line.”

Law enforcement, Murphy added, is “still out there talking to people, visiting homes and businesses, and then hopefully we get enough of them to come back. We don’t need all of them to come back, just more.”

[…]

One of the quorum-breakers, Rep. Vikki Goodwin of Austin, said a paper arrest warrant was left on her front porch last week. She said lawyers have told Democrats that if law enforcement tries to arrest them, they should not resist but should make clear they would not be willingly going to the House floor.

“I think it’s just an intimidation tactic, trying to get members to come back because there is this outstanding arrest warrant,” Goodwin said. “I think it doesn’t really show well if they physically detain us.”

A House sergeant visited the Houston home of another quorum-breaker, Rep. Jon Rosenthal, on Tuesday, according to his chief of staff, Odus Evbagharu.

Both Goodwin and Rosenthal have declined to share any details about their locations, other than that they are no longer in Washington, D.C. More than 50 Democrats fled to the nation’s capital at the start of the first special session last month, protesting the GOP’s priority elections bill.

Yeah, I don’t think anyone is afraid of a “jury summons”. It’s like I’ve been saying, what are the mechanics for actually getting a quorum-busting Dem to the House floor? It always struck me as wildly implausible that there would be handcuffs and a potentially hours-long ride in a police car to accomplish this, but in the absence of that how would it work? I’m just glad to see it be acknowledged as such.

SCOTx confirms quorum-busting Dems can be arrested

I thought this had been settled already, but I guess not.

Texas House Democrats who refuse to show up to the state Capitol in their bid to prevent Republican lawmakers from passing a voting restrictions bill can be arrested and brought to the lower chamber, the Texas Supreme Court ruled Tuesday.

The all-Republican court sided with Gov. Greg Abbott and House Speaker Dade Phelan — and ordered a Travis County district judge to revoke his temporary restraining order blocking the civil arrest of Democratic lawmakers whose absences have denied the chamber the number of present members needed to move any legislation.

“The legal question before this Court concerns only whether the Texas Constitution gives the House of Representatives the authority to physically compel the attendance of absent members,” Justice Jimmy Blacklock wrote in the court’s opinion. “We conclude that it does, and we therefore direct the district court to withdraw the TRO.”

The state Supreme Court already has blocked court rulings in Travis and Harris counties to shield the quorum-busting Democrats from arrest — but Tuesday’s ruling signified that it’s legal under the state Constitution for House leaders to compel members to be physically present in the House, even if it means their arrest.

See here and here for the background that I had. I feel like I must be missing another story or two, but there’s been so much news the past couple of weeks who can even tell? Anyway, to me the question remains will any law enforcement officer actually do this? It’s not just the arresting part, it’s the transporting them to Austin part. I know that things like “norms” and “precedent” are basically meaningless these days, and that we have all been experiencing too many things we once thought could never happen, but I still have a hard time believing this. One way or another, I guess we’ll find out.

Still no quorum, and no Dem legislators rounded up yet

And I’m still not sure what exactly will happen when and if a law enforcement officer stumbles across one of the wayward legislators.

The hunt for missing Democratic Texas House members escalated late Thursday and Friday, as the sergeant-at-arms and law enforcement visited some of the absentees’ homes with the aim of bringing them to the Capitol.

Earlier this week, Republican House Speaker Dade Phelan issued civil arrest warrants for 52 Democrats who have refused to report to the House for a month now, depriving the Republican majority of the 100-member quorum needed to vote on legislation during two special sessions.

The warrants allow law enforcement to order, and even escort, members back to the chamber. But given that they are not guilty of a crime, members are not at risk of going to jail.

The first step in the search came Wednesday, when the sergeant-at-arms stopped by the Democrats’ Capitol offices and left copies of the warrants with their staffs.

On Thursday and Friday, law enforcement visited the homes of at least a few Austin Democrats, with the aim of bringing them back to the chamber, but found none of them.

[…]

Rep. Jon Rosenthal, D-Houston, returned to Texas last week but has not disclosed his location. He said Friday that he was unaware of any widespread effort to “physically collect folks” and was for the most part going about his life.

“I’m certainly not running around wearing Jon Rosenthal campaign gear or anything like that,” he said. “But I feel comfortable being outside and doing the things that normal humans do.”

An engineer by training, Rosenthal said he was still having meetings with constituents by phone or Zoom, as he has throughout much of the pandemic.

“I wouldn’t engage in anything like this if it wasn’t such an important, fundamental core issue,” he said.

Also Friday, Derrick Johnson, president and CEO of the National Association for the Advancement of Colored People, urged the Justice Department in a letter to intervene in Texas and determine that Abbott and Republican lawmakers were engaging in a civil rights conspiracy and violating Democratic members’ constitutional rights by using the threat of a civil arrest to compel attendance. The process for restoring a quorum is outlined in rules of the House that were unanimously adopted by members, including the Democrats, in the spring.

Johnson said he’d spoken with Black lawmakers — Reps. Jasmine Crockett of Dallas, Joe Deshotel of Beaumont and Ron Reynolds of Missouri City — and all of them supported Justice Department intervention.

See here and here for some background. The NAACP intervention is spurred in part by some yahoos offering a bounty to police officers for catching the Dems, which is very much the sort of thing no one should be encouraging. Again, I have no idea how this all plays out. How much does law enforcement even care about this? And what is the plan if and when they find someone? I don’t think anyone knows. I think when a police officer happens to encounter one of the quorum busters, no one has a clear idea of what happens next. I mean, given that it’s not a criminal warrant and there’s no threat of arrest, what is to stop the legislator from just walking away? All of this is completely half-baked, and is headed for a farce. Whatever the Republicans think they’re going to get out of this, I doubt they will be satisfied.

Alvarado’s filibuster ends

It was a strong effort, and she deserves credit for it.

Sen. Carol Alvarado

After 15 hours of speaking nearly nonstop against the GOP’s priority elections bill, State Sen. Carol Alvarado, a Houston Democrat, concluded her filibuster on Thursday morning.

“Voter suppression anywhere is a threat to democracy everywhere,” Alvarado said in her closing remarks, as fellow Democrats surrounded her to show their support.

Yet, as expected, after Alvarado got some hugs and took a seat to rest her feet, the Senate voted 18-11 along party lines to advance the bill and send it to the House, where it will be stalled by a Democratic walkout that has lasted a month.

While Alvarado’s filibuster could not — and did not — kill the bill, it exemplifies the at-all-costs attitude the Democrats are bringing to their opposition to it. Alvarado acknowledged that the tactic was a temporary measure in an interview with the Texas Tribune.

“I’m using what I have at my disposal in the Senate,” Alvarado told the outlet. “The filibuster isn’t going to stop it, but a filibuster is also used to put the brakes on an issue — to call attention to what is at stake — and that is what I am doing.”

See here for the background. The point here isn’t about winning – Dems know they’re outnumbered and cannot hold off any of these bills if they come to the floor. The point is about fighting, and showing your voters that you’re fighting. Midterms are about turnout, and you can’t win if your voters aren’t engaged. It’s the same principle as with the quorum-busting, though that also had other purposes, such as directly lobbying Congress and focusing national attention on the issue. You do what you can so that in the end you can say you did all you could. Sen. Alvarado did all she could.

As for the quorum-busters, they’re back on the lam.

The Texas Supreme Court on Thursday overruled a Houston judge who had provided Texas House Democrats with the legal shelter they requested to avoid civil arrest for absconding from the state Capitol.

After Houston Rep. Gene Wu successfully challenged his warrant in Harris County state district court on Wednesday, 44 additional Democrats had followed in his footsteps, hoping for the same outcome.

The stay from the state’s highest civil court came swiftly, potentially scrambling the plans of those Democrats and others who’d made plans to return home.

A dwindling number of House members remain in Washington, D.C., where they have spent a month rallying for federal voting rights legislation that would supersede existing Texas elections laws as well as bills that Republicans are pushing in Austin. The Democrats have until Monday to respond in court.

“Despite the high court’s ruling, Texas House Democrats remain committed to fighting back with everything we have to protect Texans from Republicans’ repeated attacks on our freedom to vote,” Wu said in a statement on behalf of the caucus. “Instead of trying to calm the situation and find ways to peacefully resolve the situation, Texas Republicans continue to add more fuel to this fire. We will not be deterred. If anything, this action continues to solidify our resolve to stand up for Texans.”

In his motion to the high court, the state’s Solicitor General Judd E. Stone had warned that Wu’s court order could have a domino effect.

“Without this court’s intervention, every truant member of the House will follow the lead of Representative Wu, file habeas petitions in trial courts throughout the state, disrupt the ability of the Legislature to obtain a quorum, and undercut this court’s ability to achieve an orderly and efficient resolution of identical issues presented,” Stone wrote.

[…]

Several Houston-area representatives, including Reps. Senfronia Thompson and Hubert Vo, were pre-emptively released from potential custody on Thursday as a result of the newest writs, attorney Romy Kaplan said.

Three hearings tomorrow concern non-Houston-area representatives, who will be appearing via Zoom to put themselves in Harris County’s jurisdiction, Kaplan said.

A hearing is also scheduled for next Thursday in district Judge Chris Morton’s court. He said his approval of Wu’s writ on Wednesday was conditional, and he will further explore his jurisdiction over the case and over the House of Representatives’ sergeant-at-arms in Austin.

See the same link for the background; I’m trying to conserve resources by combining some of these stories into single posts. The Trib adds some details.

Texas law enforcement was deputized Thursday to track down Texas House Democrats still missing from the chamber and bring them to the state Capitol in Austin, a process that Speaker Dade Phelan’s office said “will begin in earnest immediately.”

The news came as the Texas Supreme Court cleared the way for their civil arrests after it temporarily blocked Harris County judges’ orders protecting 45 Democrats from such a move.

Law enforcement was tapped “to assist in the House’s efforts to compel a quorum,” Phelan spokesperson Enrique Marquez said in an emailed statement. Earlier this week, Phelan, a Beaumont Republican, signed warrants for those missing lawmakers, many of whom have refused to return to the chamber for weeks to block a GOP elections bill. Their absence has prevented the chamber from having a quorum, the number of present lawmakers needed to move legislation.

If lawmakers are arrested, they will not face criminal charges or fines and could only be brought to the House chamber.

[…]

After Wu was granted his request for temporary protection Wednesday, Texas Attorney General Ken Paxton made clear he would fight that order in a similar manner to how the state fought a previous temporary restraining order by a state district judge in Travis County that also sought to block the arrest of the quorum-breaking Democrats.

In that case, the Supreme Court voided the order temporarily on Tuesday, though Democrats have said they plan to push forward in their request for a temporary injunction on Aug. 20. If granted, that injunction could again grant them protection from arrest.

I mean, the real question at this point is what exactly happens when a law enforcement officer finds a wayward lawmaker? Are they going to slap cuffs on them, throw them in a car and drive them to Austin? Call Speaker Phelan and tell him to, I don’t know, send an Uber? This may wind up being a lot of commotion over nothing, because I just can’t quite see how any of this brings a currently absent member to the House floor. Maybe we’ll find out – I hope we don’t, but we are in completely uncharted waters. I just have no idea what to expect.

In the meantime, as the Senate passed SB1, the House prepped HB3 to bring to the floor, with no public hearings because why would they want to do that. We know what will happen if there is a quorum again. Until then, I have no freaking idea.

The Alvarado filibuster

Wear comfortable shoes, Senator.

Sen. Carol Alvarado

The GOP voting restrictions push that left the Texas House scrambling to round up absent Democrats also shut down work in the Texas Senate on Wednesday evening as state Sen. Carol Alvarado launched into a filibuster against the GOP’s priority voting bill.

“I rise today to speak against Senate Bill 1,” Alvarado said, beginning her filibuster just before 5:50 p.m. as the chamber approached a final vote on the target of the Houston Democrat’s efforts.

Though Democrats are outnumbered in the chamber, they are occasionally able to foil legislation by speaking on it indefinitely — usually ahead of a key deadline or the end of the legislative session. Alvarado’s filibuster, however, likely will end up being more of a symbolic gesture than a credible attempt to block passage of the bill. The Legislature is on just the fifth day of a 30-day special session, called as Democrats have left the House without enough members present for the Republican majority in that chamber to pass legislation.

“Senate Bill 1 slowly but surely chips away at our democracy. It adds rather than removes barriers for Texas seniors, persons with disabilities, African Americans, Asian and Latino voters from the political process,” Alvarado said at the start of her filibuster. “[President Lyndon B. Johnson] said the Voting Rights Act struck away the last major shackle of the fierce and ancient bond of slavery. Senate Bill 1 is a regressive step back in the direction of that dark and painful history.”

Ahead of her filibuster, Alvarado told The Texas Tribune she would be using a “tool in our box that is a Senate tradition” just as House Democrats were using their quorum break to block the bill and vowed to keep going “as long as I have the energy.”

“I’m using what I have at my disposal in the Senate,” Alvarado said, acknowledging the bill would eventually pass in the Senate. “The filibuster isn’t going to stop it, but a filibuster is also used to put the brakes on an issue — to call attention to what is at stake — and that is what I am doing.”

To sustain the filibuster, Alvarado must stand on the Senate floor, without leaning on her desk or chair, and speak continuously. If she strays off topic, her effort can be shut down after a series of points of order.

I trust we all remember that from the Wendy Davis filibuster of 2013. As the Chron story reminds us, Davis talked for 11 hours, which wound up being just enough. Of course, the omnibus anti-abortion bill she stalled out wound up passing in a subsequent special session, so “victory” in these matters is somewhat ephemeral. The longest filibuster, according to that same story, was 43 hours. Maybe we could get a few more Senators to follow her in doing this? I don’t know what the rules allow. In any event, I wish Sen. Alvarado all the best with this, I appreciate what she is doing, and I hope her fellow Democrats are there to support her.

Meanwhile, over in the House:

State Rep. Gene Wu is expected to temporarily avoid arrest after he legally challenged a warrant for his apprehension, also issued to 51 other House Democrats absent from the special session in protest of voting restrictions legislation.

The rare action over a civil warrant led to some head-scratching Wednesday in the 230th Criminal District Court, including from presiding Judge Chris Morton. After a brief recess, he determined that he did have jurisdiction to grant a “writ of habeas corpus” in the case, essentially trumping the state’s civil warrant for Wu and releasing him from potential custody until the court determines the legality of the warrant.

Wu’s attorneys added that they are part of a group of lawyers across the state who came together to fight for the right to vote. Harris County District Attorney Kim Ogg surmised that she also expects to see more cases like Wu’s appear in local courts.

“This is a reminder to Gov. Abbott that we still live in a democracy,” Wu said after his court appearance. “We will do everything we can to make sure the right to vote is protected for all Texans.”

When asked whether he has any plans to return to Austin, Wu responded, “Hell no.”

[…]

Morton on Wednesday acknowleged the unusuality of the case before him. He questioned whether he has jurisdiction in a criminal court, and whether his court had jurisdiction over the sergeant-at-arms who distributed the arrest warrants to the 52 Democrats’ offices Wednesday at the Capitol.

He also told Wu’s attorneys that they should have contacted the Texas Attorney General’s Office, and his decision could change depending on their response.

“This is a novel issue to say the least,” Morton said.

Ogg on Wednesday represented her office at the hearing, where she said she didn’t oppose any sort of bond or continuance in the case. But, she made clear that she doesn’t believe this is a criminal issue.

“We don’t believe that the courts, the criminal courts, should be a place where political differences are litigated,” she said.

She added later that she personally supports what the Democrats have done related to the voting legislation.

Attorneys Stan Schneider, Romy Kaplan and Brent Mayr additionally asked for a personal bond to be issued for Wu in the event he was arrested. Morton did not grant a personal bond because he said Wu hasn’t been charged with a crime.

The trio hoped that eventually Morton would take up the issue of the warrant’s constitutionality. The Republicans’ actions on Tuesday were illegal, they said, because they did not have a quorum.

“We have an oppressive order from a tyrannical king,” Mayr said to the judge. “And we are asking you to say no.”

Schneider added Wednesday that Wu’s case should be in criminal court because “an arrest is an arrest,” even if it’s labeled as a civil one.

I don’t know what to make of all this, but unprecedented situations can and do lead to weird questions arising. Also, Rep. Wu was an assistant DA before he was elected to the Lege, so he has some insight into this, and I’m sure filed this writ with some strategy in mind. But we’ll see what comes of it.

Supreme Court tosses no-arrest order

Things just got more interesting.

House Democrats who refuse to show up for the Legislature could soon be detained by law enforcement and brought back to the state Capitol, after the Texas Supreme Court on Tuesday voided a state district judge’s temporary restraining order barring their arrest.

The all-Republican high court’s order came at the request of Gov. Greg Abbott and House Speaker Dade Phelan, also both Republicans, who petitioned the court on Monday to overturn a recent ruling by a Travis County district judge that blocked them from ordering the arrest of quorum-busting Democrats, who were in Washington, D.C., for about a month. The House Democrats in the suit have until Thursday at 4 p.m. to respond to the court. Democrats who are arrested would not face criminal charges and could not be jailed or fined. Law enforcement officers carrying out arrest orders by state officials could only try to bring them to the House chambers.

[…]

Without the Supreme Court’s intervention, Abbott and Phelan would have had no assurance whether the temporary restraining order would be lifted, and such orders are not appealable. The first scheduled hearing in district court is set for Aug. 20, when Judge Brad Urrutia would decide whether to grant Democrats a temporary injunction. Waiting until then “virtually guarantees that no significant legislation will be passed during this session,” Judd E. Stone II, the state’s solicitor general, argued in his emergency motion to the Supreme Court.

The state also argued that the Supreme Court’s action is warranted because the House speaker is immune from suits for legislative acts.

“Compelling the attendance of absent members by the House is a quintessential legislative act,” the state’s motion read, adding that Urrutia’s “hasty” order “ignores this fundamental principle.”

The state also argued that the House Democrats’ claims are “quintessential political questions” that lie beyond a court’s power to decide. The House’s rules allow for present members to compel the attendance of missing lawmakers, and at least 41 other states have similar provisions in their constitutions, the motion read.

In a response, lawyers for the House Democrats who received the temporary restraining order said the state sought an order that will free it to “to forcibly arrest political opponents who have committed no crime.”

Unlike other states, whose rules only require the presence of a majority of members to reach quorum, Texas requires a two-thirds supermajority “because the framers of the Texas Constitution prioritized high levels of participation and consensus-building in legislative decision making, even if it increased the costs of the process and the possibility that the process could deadlock,” the Democrats’ lawyers argued.

“In other words, the architects of the Texas government fully expected, and even encouraged, the power of a cohesive minority of members to ‘bust the quorum’ as a means of participation in the decision-making process,” their response read, adding that the Democrats were “acting like true Texans.”

They also argued that the state did not prove it would be harmed if the Supreme Court did not grant a stay, while the House Democrats — some of whom had already returned to the state on the understanding that Urrutia’s order protected them from arrest — would suffer harm.

Once one of those lawmakers was arrested “without a premeditating crime or due process, the Court cannot un-ring that bell,” the Democrats’ lawyers argued.

See here for the background. I don’t care for this ruling, and I agree that the power to arrest political opponents, even in this limited circumstance, is one we should be extremely reluctant to allow, but I can see the state’s argument, at least from a procedural perspective. I could also note that as Abbott has unlimited power to call special sessions, the “nothing can get done till we get a ruling on the TRO” assertion rings a little hollow. I mean, other than the Article X funding, which could have been done and dusted in the first session, before the quorum break, if Dade Phelan and Dan Patrick had chosen to prioritize it, none of these items needs to happen any time soon.

As noted, the Dems have until tomorrow to respond, and I guess then SCOTx will either let this order stand or revise it. The still-quorumless House voted to send law enforcement out for the absentees, though who knows what will come of that. I really don’t expect anyone to actually be arrested, but we’ll see. That later Trib story mentions a couple of Dems – Reps. Celia Israel and Jon Rosenthal – who are apparently in the state but not at the Capitol. Maybe they should avoid being at home for the next few days, or at least not answer the doorbell. Never a dull moment, that’s for sure. The Chron has more.

UPDATE: Warrants have been signed for 52 missing Dems. Place your bets on how many actually get arrested and/or dragged into the Capitol.

You can’t arrest the quorum-busters, at least not yet

Good to know.

A state district judge in Travis County issued an order blocking the arrest of House Democrats who have broken quorum by leaving the state, paving the way for those who remain outside of Texas to return home without threat of apprehension.

State District Judge Brad Urrutia, a Democrat, granted the temporary restraining order late Sunday night restricting Gov. Greg Abbott and House Speaker Dade Phelan from “detaining, confining or otherwise restricting” the free movement of House Democrats within the state or issuing any warrants ordering their confinement.

The order expires in 14 days unless extended by Urrutia. The court will hear arguments on a temporary injunction on Aug. 20 where Abbott and Phelan must show why a temporary injunction should not be filed against them.

[…]

The petition for the restraining order appears to be preemptive in nature, as the House has not yet voted to renew a call of the House in the second special session which began Saturday.

“[T]he Speaker thinks he can wave his hand and have his political opponents rounded up and arrested. We’re watching a major political party backslide in real time from fair representation, the rule of law, and democracy itself,” said Dallas State Rep. Jasmine Crockett, one of the plaintiffs in the case.

Enrique Marquez, a Phelan spokesman, said Monday morning the speaker’s office had not yet been notified of the suit or restraining order. Abbott’s office did not immediately respond to a request for comment.

The lawsuit was filed on behalf of 19 House Democrats by attorneys Samuel E. Bassett, Jeremy Monthy and Megan Rue.

“No matter what the Governor or Speaker have said, it is a fundamental principle in this country that no one has the power to arrest their political opponents. That is why this action had to be filed,” Bassett said in a statement.

The plaintiffs are Reps. Gina Hinojosa, Alma Allen, Michelle Beckley, Jasmine Crockett, Joe Deshotel, Barbara Gervin-Hawkins, Vikki Goodwin, Celia Israel, Ray Lopez, Armando “Mando” Martinez, Trey Martinez Fischer, Ina Minjarez, Christina Morales, Mary Ann Perez, Ana-Maria Ramos, Richard Peña Raymond, Ron Reynolds, Eddie Rodriguez and Ramon Romero, Jr. All of the plaintiffs broke quorum and left the state in July.

It is the second lawsuit filed by House Democrats in an attempt to avoid arrest if they returned to Texas. The other was filed Friday by attorney Craig Washington in federal court in Austin on behalf of 22 House Democrats. It was riddled with problems, including subsequent statements by at least four of the plaintiffs that they had not authorized the suit on their behalf.

The lawsuit in federal court also named State Rep. James White, R-Hilister, as a defendant. White is not named as a defendant in the case in state court.

In his order, Urrutia said Abbott and Phelan erroneously interpreted Texas law and legislative rules to allow the apprehension of members of the House in response to a call for quorum. He barred the defendants from detaining or restraining the Democrats’ movement in any way and from issuing warrants or other documents ordering their apprehension. Urrutia also barred the defendants from ordering law enforcement to arrest the lawmakers.

A copy of this lawsuit is here, and of the judge’s order is here. As the story notes, this has nothing to do with that other lawsuit, filed in federal court, which did not seem to make much sense. This one at least I can understand, and it has bought the Dems some time. Whether they choose to remain out of the Capitol during this time or not remains to be seen, but at least now they have the option. KXAN, the Current, and the Chron have more.

UPDATE: Though more Dems did show up yesterday, the Lege still fell short of a quorum. Tune in again today at 4 PM to see the next episode.

Dissension in the ranks

sigh

Some of the Texas House Democrats who are still in Washington, D.C., did not hold back Monday as they watched more of their colleagues return to Austin and bring the chamber within single digits of a quorum.

“You all threw us under the bus today! Why?” Rep. Ana-Maria Ramos of Dallas said in a tweet addressed to three of her Democratic colleagues who came back to Austin.

The House had as many as 95 members on hand at one point Monday afternoon, five members short of quorum but the nearest the chamber has gotten to being able to start business since most Democrats fled last month over the Republican elections bill. It was the third day of the second special session, and the GOP-led House again issued a “call of the House,” procedural move to lock the doors of the chamber and prevent members from leaving without permission.

The 95 members who were present included at least four new Democrats: El Paso-area Reps. Art Fierro, Mary González and Joe Moody, as well as Rep. James Talarico of Round Rock. Moody is the former speaker pro tem, a title that House Speaker Dade Phelan, R-Beaumont, stripped from Moody in retaliation for the quorum break during the first special session.

Talarico was the most open about his return, announcing it on Twitter and issuing a statement explaining his decision, saying he was coming back to work on “real issues Texans face” after a productive time in Washington.

[…]

While the quorum-busting Democrats were able to maintain a largely united front during the first special session, which ended Friday, it was clear they reached a fork in the road when the second special session began a day later. A group of them released a statement saying that 26 House Democrats would be staying behind in Washington to keep up their fight to pass federal voting rights legislation in Congress.

Another House Democrat still in D.C., Rep. Gina Hinojosa of Austin, also scrutinized the Democrats who returned Monday afternoon on Twitter, calling out Fierro, González, Moody and Talarico as the House was waiting to see if it could still reach quorum for the day.

“Quorum is still not met,” Hinojosa tweeted. “Praying no other Democrats willingly go to Floor.”

I’d prefer not to throw any lighter fluid on this fire, so I’m going to keep this short and simple. Sticking together and not having people wander back to Austin was a key to not losing the political and PR battle in the first special session. With that behind us, members will once again have to make their own decisions about what to do, but only to a point because restoring the quorum or not needs to be a strategic decision, made with everyone’s buy-in. I don’t know what happened here, but this obviously ain’t a great look. There’s still no quorum, though the more Dems that make like these colleagues, and the more Republicans who come off the COVID quarantine list, that may not be the case for much longer. Pick a plan and stick with it, that’s all I’m asking, And iron this stuff out behind closed doors, none of us needs to see this.

Abbott goes back on the attack against trans kids and their families

Bullies are cowards.

Gov. Greg Abbott delivered Friday on a recent promise to use his political weight to try to halt medical interventions for transgender children, which are considered standard of care for adults. He wants state officials to redefine reassignment surgery — which is very rarely used for children — as a form of child abuse.

The governor said he intended to craft his own approach after state lawmakers failed a second time this year to pass an array of laws that would penalize health care providers for providing and parents for seeking gender affirming care and curtail transgender children’s medical and educational rights.

Abbott’s new plan came in the form of a letter to the state agency tasked with protecting children from abuse. Abbott asked the director of the Department of Family and Protective Services to “please issue a determination of whether genital mutilation of a child for purposes of gender transitioning through reassignment surgery constitutes child abuse.”

The term “genital mutilation” is traditionally used among human rights workers to refer to a procedure for young girls that prevents them from experiencing sexual pleasure. Abbott — who does not have a medical background — reframes the definition, stating as fact that “subjecting a child to genital mutilation through reassignment surgery creates a ‘genuine threat of substantial harm from physical injury to the child.’”

If the child protection officials ultimately determine these surgeries to be a form of child abuse, Abbott goes on to say, DFPS would be duty bound to investigate a child’s parents, and other state agencies would have to investigate medical practitioners who carried out the surgeries.

See here for the background. The good news is that as offensive and hurtful as this is, it may not actually amount to much.

[M]edical experts say gender affirming care for transgender children rarely, if ever, includes use of the surgeries — orchiectomies, hysterectomies and mastectomies — Abbott cited in his letter Friday to DFPS Commissioner Jaime Masters. Most care for transgender children includes social transitioning and puberty blockers.

Experts also took issue with Abbott’s language in the letter, which repeatedly referred to gender confirmation surgery as “genital mutilation.”

Andrea Segovia, Transgender Education Network of Texas’ field and policy coordinator, said the move by Abbott is a continuation of Republican Texas leaders bullying marginalized children.

“It’s literally the harshest language possible, because he wants a reaction from his side,” she said. “And they can gain supporters in that of like, ‘Oh, that sounds awful. Yeah, we shouldn’t be doing that to our minors.’”

Equality Texas released a statement criticizing Abbott’s letter.

“This is nothing more than another political attempt to stigmatize transgender people, their loving families, and the healthcare providers who offer them lifesaving care,” CEO Ricardo Martinez said.

[…]

Texas doctors and advocates see Abbott’s letter as more of a political move than as having much of an impact on gender affirming care as it’s currently practiced in Texas.

“That just sounds like something to placate the base, but it doesn’t really do much of anything,” said Seth Kaplan, president of the Texas Pediatric Society.

Segovia agreed.

“This is not a cause for alarm,” she said. “Our organization does not want community or parents or anybody to think that this is a letter saying that medical sort of appointments and anything like that should stop.”

One would hope that if this request needs to be approved by actual medical professionals before it can be implemented, they would be doctors first and put their medical knowledge and ethics above crass political motives. That’s far from a sure thing, of course, but at least it’s a consideration. This is also a reminder that the reason Abbott is doing this is because Democratic quorum-busting actions, in the regular session and now, have thwarted the bills that would enshrine this crap into law so far. The fight matters. Mandy Giles has more.

Special Session 2.0: Still no quorum yet

We’ll see how long that lasts.

Texas Democrats on Saturday blocked a quorum in the House for the third time this year as the Legislature kicked off its second special legislative session called to pass the GOP elections bill, among other legislation — though it’s unclear this time whether those members intend to remain absent for the entire overtime round.

Both the House and Senate convened at noon, a day after gaveling out from the first 30-day special session, which began in July and ended in an impasse when over 50 Democrats in the lower chamber left the state for Washington D.C. to prevent the passage of a elections bill. That departure meant the House could not have a quorum to conduct official business. Democrats broke quorum for the first time in May when they walked out of the chamber in the final hours of the regular session to prevent passage of a similar version of the bill.

[…]

On Saturday afternoon, at least 26 House Democrats announced that they intend to remain in D.C. to continue pushing Congress to act on a federal voting bill, but that number alone is not enough to break quorum in the Legislature.

“Texas Republicans can only succeed in their nationally coordinated assault on our democracy if Democrats are present at the state capitol,” read a statement from state Reps. Trey Martinez Fischer of San Antonio, Gina Hinojosa of Austin, Alma Allen of Houston and others. “26 Texas House Democrats will be part of an active presence in Washington maintained for as long as Congress is working and making progress on federal voting rights legislation to see this fight through.”

The House adjourned for the day minutes after gaveling in on Saturday afternoon, but they did not yet adopt what’s known as a “call of the House,” a procedural move that would lock the chamber doors and enable lawmakers to send law enforcement after the Democrats who don’t show up. During the first special session that ended Friday, the chamber voted overwhelmingly to issue the call, though it carried little weight since state authorities lack jurisdiction outside of Texas. Ultimately, no Democrats were arrested.

Two of 57 Democrats who left during that first special session were on the House floor Saturday — Eddie Lucio III of Brownsville and Bobby Guerra of Mission.

After the chamber adjourned, Lucio told reporters he returned to Austin for both professional and personal reasons. He said he anticipated several of his Democratic colleagues to also come back to the chamber in the coming days, which could help the House make quorum “as early as this week.”

“I made my personal choice to bring the fight back to the Capitol, and I think everyone needs to make that decision for themselves,” Lucio said. “For those that are gone, I applaud them.”

See here, here, and here for some background. Whatever happens with the Democrats happens at this point. They did what they could in DC, and I doubt there was much value in staying around while Congress is on recess. And at least in the short term, there’s another factor that will limit what the House can do:

Looking at the picture (a copy of the official summary is here), I see seven names that I know are Republicans who are not present, and another four or five that I don’t recognize and would have to check. Doesn’t mean they are in quarantine, though one of them surely is, but that could be another delaying factor.

Also of interest from this story: Senate shenanigans.

The Republican-dominated Senate then pushed through two rule changes that indicate the chamber’s desire to move through its agenda quickly. The first change takes away the “tag rule,” which is a delaying tactic for Democrats in the minority party because it allows members to demand 48 hours of written notice before a bill gets a hearing. The other change allows committees to skip public hearings on House bills that have the same subject as Senate bills the committee had already considered.

Sen. Charles Schwertner, R- Georgetown, said the temporary rule change, which will be in effect for the entire special session, would benefit senators by expediting the legislative process during the 30-day period. But Democratic lawmakers said it could deny constituents the opportunity to express their opinions on important issues.

“We are not giving people the opportunity to be heard,” said Sen. Roland Gutierrez, D-San Antonio.

Schwertner said the move allowed the Senate “maximum flexibility” to complete its work, particularly because it is unclear when the House will regain its quorum and many of the bills on the special session agenda were heard before during two earlier legislative sessions this year.

The Senate then suspended its rule requiring 24-hour notice before a committee hearing and announced three committee meetings on Saturday that immediately started hearing bills without public testimony.

The Senate did not immediately take up the elections bill, which was one of the main drivers for the special session. That bill is scheduled for a hearing on Monday at 9 a.m. in the Senate State Affairs committee.

Hey, the Senate and Dan Patrick were never interested in public input on any of their crappy bills, that much has been clear from the beginning. As for the rest:

Yeah, that’s your Texas Senate and your Lite Guv, Dan Patrick. What are you going to do about it? (Hint: It should involve getting way involved in the 2022 elections.)

Meet the new special session

Same as the old special session, at least at first.

It appears likely that not enough Democrats will show up for the Texas House to conduct business when a second special legislative session convenes Saturday.

Some of the more than 50 Democratic representatives who fled Texas to foil the first special session began trickling out of their Washington, D.C., hotel and heading home Friday. But 27 members have committed to staying in the nation’s capital. At the same time, Democrats were working to confirm that at least 50 members will pledge to not return to the House floor on Saturday even if they are back in Texas.

If that happens, the chamber would again be deprived of a quorum to conduct business for at least a few days. And it could set up a showdown over whether House Speaker Dade Phelan has the authority, and political will, to compel Democratic representatives in Texas to show up at the Capitol.

The ongoing absences would further delay any consideration of the 17-item agenda Gov. Greg Abbott has set for the 30-day special session, including a contentious voting bill, which Republicans have vowed to pass into law, that motivated Democrats to leave the state last month. Two-thirds of the 150 member chamber must be present to conduct business. One seat is currently vacant.

“If you’re looking for us to telegraph exactly what we’re going to do over the next couple days, we’re not going to do that at this time,” state Rep. Chris Turner, the Democratic caucus chair, said earlier in the day. “The governor would love us to do that, but we’re not going to.”

The House Democratic caucus would not confirm any details about its next move as of Friday evening after marking the last day of the first special session that was derailed after 57 members broke quorum.

The number of Democrats actually in Washington had appeared to dwindle to about 40 members over the last few days. But with 27 Democrats planning to stay behind, even some of the Democrats seen departing from their hotel in Washington on Friday indicated the House floor may not be their destination.

[…]

“If Congress is in session, we’re in session,” state Rep. Trey Martinez Fischer, D-San Antonio, said earlier in the day. “Our job is here, and we will have a significant number of members staying here and waiting day by day, engaging day by day, finishing the fight.”

Well, we’ll see. We ought to know early on what the head count is. In one of the earlier stories I saw, it was noted that the Republicans are also not quite at full strength, as some are on vacation or otherwise not available – Jake Ellzey is now in Congress, so right there they’re down one – and that means they need that many more Dems to show up to get to 100. We don’t know if Speaker Dade Phelan is going to follow through on the threat to use DPS to hunt down wayward Dems in the state and drag them to Austin. We may eventually get a quorum, but it won’t happen right away.

Later on Friday, this happened.

Twenty-two Texas House Democrats sued some of the state’s top Republican leaders in federal court in Austin late Friday, alleging that GOP officials’ efforts to bring them home for a special legislative session infringed on their constitutional rights to free speech and to petition the government for redress of grievances.

The lawsuit was filed on the final day of the first special session called by Gov. Greg Abbott — and on the eve of a second specially called legislative session — and names as defendants Abbott, House Speaker Dade Phelan and State Rep. James White.

[…]

It’s unclear why White was listed as a defendant. White said Friday night he was not aware he’d been sued or why he was named as a defendant. The lawsuit also did not use Phelan’s legal name, which is Matthew McDade Phelan.

Abbott and Phelan did not immediately have a statement on the lawsuit.

The Democrats’ attorney, Craig Anthony Washington, a former Democratic lawmaker, did not respond to a request for comment. Washington is practicing law under a probationally suspended license, according to the State Bar of Texas.

The lawsuit alleges that some Democrats are being targeted because of their race and skin color, but then provides no evidence.

It also claims the three Republican lawmakers acted together under the “color of law” to cause the harm alleged in the suit, but then points no specific harmful actions other than “public statements.” The lawsuit also says some individual plaintiffs experienced “retaliatory attacks, threats and attempts at coercion relating to the exercise of their First Amendment rights” but again does not provide specifics.

The plaintiffs listed in the case are state Reps. Senfronia Thompson, Trey Martinez Fischer, Gene Wu, Vikki Goodwin, Ron Reynolds, Eddie Rodriguez, Jon Rosenthal, Jasmine Crockett, Mary Ann Perez, Alma Allen, Christina Morales, Nicole Collier, Celia Israel, Ana-Maria Ramos, Barbara Gervin-Hawkins, Terry Meza, Donna Howard, Jarvis Johnson, Ray Lopez, Shawn Thierry, Elizabeth Campos and Gina Hinojosa.

The lawsuit alleges that the three Republican lawmakers have attempted “by public statements and otherwise, to attempt to deny, coerce, threaten, intimidate, and prevent” the Democrats and their constituents from voting in all elections, petitioning the government for redress of grievances, speaking publicly about their constitutional rights, exercising their right of association and their right to not being arrested without probable cause. The Democrats allege that in acting together, the defendants engaged in a conspiracy to deprive them of their constitutional rights.

Because of the defendant’s actions, the complaint alleges, the plaintiffs have been “deprived of liberty for substantial periods of time, suffered much anxiety and distress over separation from their families, and much discomfort and embarrassment.” They also have suffered damages to their reputations and have had to spend time traveling to Washington to lobby Congress to pass laws that would protect voting rights.

That sounds pretty unlikely to me, even without the issues noted for attorney Craig Washington. You can read a copy of the lawsuit and come to your own conclusions, but this seems like an extreme longshot. And as to why Rep. White was named as a defendant, my guess is it stemmed from his request for an AG opinion suggesting that the quorum-breaking Dems had “vacated” their seats. Even if you could count on Ken Paxton’s office to give an honest answer, that seems like a big escalation of the stakes.

And in other desperation moves, there’s this.

Texas Republican leaders said Friday they were extending “an additional month of funding” for the Legislature as a deadline to reinstate those dollars vetoed by Gov. Greg Abbott nears, which could cost some 2,100 state workers their salaries and benefits.

The announcement Friday by Abbott, Lt. Gov. Dan Patrick and House Speaker Dade Phelan comes a day ahead of the beginning of a second special session, where it’s still unknown whether enough state lawmakers in the lower chamber will convene in time to restore the funding long term.

[…]

Citing an emergency, the Legislative Budget Board requested the transfer of funds, according to a memo dated Aug. 6 from Abbott responding to the LBB’s proposal. Funds amounting to at least $12.6 million will be transferred from the Texas Department of Criminal Justice to the Senate, the House, and legislative agencies such as the LBB, the Legislative Council and the Legislative Reference Library.

Abbott referenced his veto in that memo, reiterating his position that “funding should not be provided for those who quit their jobs early and leave the state with unfinished business, exposing taxpayers to higher costs for additional legislative sessions.”

“However, in order to ensure the Legislature is fully resourced to do the work of the next special session,” he wrote, “I recognize that the partial restoration the Legislative Budget Board had proposed is necessary.”

The extension announced Friday means that those legislative employees and legislative agencies will have funding intact through Sept. 30 instead of Sept. 1, when the next two-year state budget takes effect.

I thought the LBB could only meet when the Lege was not in session, which is certainly was on Friday. If this is all it took, then why not act sooner? And why not free up more money? This has the feel of something half-baked, though I suppose if no one challenges it in court there’s nothing to stop it. And hey, even if someone does challenge it in court, the Supreme Court will just sit on it until the matter becomes moot anyway, so what difference does it make? We’re off to a roaring start here, that’s for sure.

Special session 2.0 coming right up

Here we go again.

Gov. Greg Abbott announced Thursday that the second special legislative session will begin at noon Saturday — and with an expanded agenda.

The 17-item agenda still includes well-known Abbott priorities like the election bill that caused House Democrats to flee the state at the start of the first special session, which ends Friday. But it also features six additions, including the spending of federal COVID-19 relief funds and potentially changing the legislative rules regarding quorums.

[…]

The start of the second special session is approaching amid continued uncertainty over the fate of paychecks for over 2,100 legislative staffers. Abbott vetoed their pay after House Democrats staged a walkout over the elections bill in the regular session that ended in May, and the funding was set to start Sept. 1.

The reinstatement of that funding remains on the agenda for the second special session.

The new items on the call also include legislation to protect Texans from radioactive waste and to change the timeline for the 2022 primary elections. The latter item is likely a nod to the fact that the primaries will have to be pushed back due to delays in the redistricting process.

The item on changing the rules around quorums comes after Lt. Gov. Dan Patrick called on Abbott to add something like it to the agenda for the second special session. The lieutenant governor wants to lower the threshold for each chamber to conduct business from two-thirds of members to a simple majority. That would require a state constitutional amendment and thus a two-thirds vote in each chamber.

As for education during the pandemic, Abbott is asking lawmakers to pass legislation that “in-person learning is available for any student whose parent wants it.” He also wants legislation that ensures that masks and vaccinations are not mandatory in schools, which he has already ordered through executive action.

Not anything here that would make it more enticing for the Dems to come back, that’s for sure. The item about changing quorum rules is cute, but if it needs a 2/3 vote to pass as a constitutional amendment, I would not expect it to go anywhere, for all the obvious reasons.

What will the Dems do? They haven’t said yet, and as before I don’t know. Looking back, they didn’t get a voting rights bill passed, not that anyone could have expected that, though it’s fair to say there’s a lot more pressure being applied on President Biden and the Senate Dems to make that happen. Perhaps the new “Right to Vote” bill by Sen. Ossoff has a chance – it wouldn’t address everything – redistricting reform would be a key omission – but it would help. As expected, between the infrastructure bill and the January 6 committee hearing and our national fruit fly-level attention span, they’re getting maybe one percent of the press coverage they got when they first left, but again, I don’t know what could have changed that. They successfully killed off the first session, and for the most part the Republicans have been able to do little but sputter and post the occasional juvenile photo on Instagram, so I’d call this a draw. A draw that still inevitably ends with them back in Texas and the odious bills they have been able to stop so far getting passed anyway. Again, it was always going to be this way, barring a miracle from Sens. Manchin and Sinema.

Two other points: One is that redistricting data is soon to arrive.

Ideally for the Republicans, they breeze through this session, finish up all the business they want to get done, then get a short break before embarking on this much more involved task. They want to get to this quickly to foreclose even the minimal possibility of a federal voting rights bill that includes preclearance and redistricting reform being enacted. The ideal scenario for Dems is less clear to me, but running more time off the clock so that the original special session items have to take a back seat to this is probably better than what I just laid out as being best for the GOP. In short, the best outcome is still bad unless there’s some federal action to mitigate the damage.

As for restoring legislative funding, the Quorum Report posted an item just before the new special session was announced that suggested the possibility of the Legislative Budget Board moving some money around to fix that problem. Unfortunately, the LBB can only meet when the Lege is not in session – the QR report speculated that they would have this weekend to do that, with Special Session 2.0 being called for Tuesday – so that is off the table. That means that either the Dems show up and the Lege fixes it, the Supreme Court rules that Abbott’s veto was unconstitutional (AS THEY SHOULD ANYWAY), Abbott himself uses his emergency powers to plug the hold he dug, or the funding runs out and who knows what happens to redistricting. You know that sequence from “Animal House” where the Deltas have sabotaged the marching band and the parade they were in has devolved into chaos? That’s the energy I’m getting from all this now. I’ll leave it to you to decide who Bluto and Niedermeyer are in this analogy. The Chron has more.

UPDATE: More here from the Trib, reiterating that House Dems have not committed to a specific action just yet.

“I’ve lost track of what day it is” quorum-busting post: What next?

Hey, guess what: The current special session will be over soon, like this Saturday. What happens next?

Uncertainty is running rampant among Texas Democrats and Republicans as the final days of the special legislative session dwindle away.

The session officially ends Friday, and lawmakers are already gearing up for a second special session as House Democrats show zero interest in returning from Washington, D.C., and restoring quorum in the lower chamber for this session.

Abbott has promised to call a second special session to pass the GOP’s priority voting bill, but the exact timing is uncertain. Abbott also has yet to detail what other items, if any, he intends to include on the agenda for the next special session. And House Democrats have not yet revealed what they have planned after the session ends this week.

At stake is the fate of the elections bill, which prompted Democrats who object to the legislation to leave in the first place, as well as the livelihoods of some 2,100 state workers and legislative agencies that are set to lose funding next month.

Everyone agrees Abbott will call another session, likely for next week. Abbott says it will have all of the current items on it for Special Session 2. No one knows yet what the Democrats will do. No one knows when or if the Supreme Court will rule on Abbott’s line item veto of the legislative budget. Which, by the way, is something he had thought of before, because he’s a wannabe autocrat and much like Trump knows that the Republican sycophants in charge of the Legislature will never hold him accountable for anything. No one knows if there will be redistricting repercussions of the legislative budget veto, or if its funding can be restored in time for that work to begin. You can read the rest of the story for more details, but that’s the big picture. Hasn’t this been fun?

Day 17 quorum busting post: Testify

Ladies and gentlemen, Ms T.

Rep. Senfronia Thompson

State Rep. Senfronia Thompson described to a U.S. House committee on Thursday occasions in 2010 and 2012 when white Republican poll watchers showed up at a Houston polling place where she and many other Black voters cast ballots.

“They had people that looked like they was from the Proud Boys looking at you like you were in the wrong place,” the Houston Democrat testified. “In a minority area, that has a chilling effect. The word gets out that these people are at your polls looking at you like they want to arrest you, keep you from voting.

“You’re damn right I left Texas, and I’m glad I did,” Thompson said. “I left Texas to give my people a right to be able to vote without them being infringed upon.”

It was one of several instances in which Texas Democrats detailed the ways they say Republican-backed legislation would make it harder for minorities to vote. Republicans, meanwhile, said the Texas Democrats were exaggerating the effects of the bill and should be back in Austin debating it in the Legislature, not complaining about it to Congress.

[…]

Three Texas Democrats — Thomspon, San Antonio state Rep. Diego Bernal and Dallas state Rep. Nicole Collier — gave impassioned testimony to the House panel as they urge Congress to advance new federal voting laws to head off GOP efforts in Texas and other states.

The congressional hearing also brought a bit of news: U.S. Rep. Pat Fallon, a Sherman Republican, said his colleagues in Texas informed him they would remove a provision from the proposed legislation that would require voters applying to vote by mail to include a driver’s license number or social security number that they used when registering to vote.

“That speaks well for coming to Washington,” said U.S. Rep. Jamie Raskin, a Maryland Democrat who chairs the House Oversight Subcommittee on Civil Rights and Civil Liberties. “You made a little bit of progress.”

It all made for a big day for the more than four dozen Democrats who have drawn a national spotlight and met with a slew of their party’s leaders since their arrival in D.C. three weeks ago. The group left Texas earlier this month to break quorum in the state House and stop Republicans from passing new voting restrictions.

That’s what they’re there for, to make this not only real but timely for the Washington Democrats. And maybe, just maybe, there’s some hope on the horizon.

Senate Democrats have been crafting a revised voting rights bill that Sen. Joe Manchin might deign to vote for, particularly since he is in the group that’s working on it. The Rev. Sen. Raphael Warnock asked Majority Leader Chuck Schumer to convene the group to rewrite the bill, he told The Washington Post, and he, Schumer, Manchin and a few other senators met Wednesday. Further, Schumer and House Speaker Nancy Pelosi are meeting with President Joe Biden on Friday to discuss moving forward on voting rights, perhaps before August recess.

“It’s important that the American people understand that this is very much on our radar, and we understand the urgency, and we’re committed to getting some progress,” Warnock said. Manchin added, “Everybody’s working in good faith on this … It’s everybody’s input, not just mine, but I think mine, maybe … got us all talking and rolling in the direction that we had to go back to basics,” he said. Other Democrats in the meeting included Sens. Alex Padilla of California; Oregon’s Jeff Merkley, who is lead sponsor of the For the People Act in the Senate; and Amy Klobuchar of Minnesota, chair of the committee in charge of the bill.

A Democrat who did not wish to be named told the Post that the bill would largely follow the proposal for revisions Manchin put forward last month. It could also potentially include language to strengthen the Voting Rights Act, restoring provisions gutted by recent Supreme Court decisions. It’s not clear now whether it would incorporate the John Lewis Voting Rights Advancement Act, or just some provisions from it. That bill hasn’t been acted on in the House yet.

The same source also told the Post that it could include language to counter “election subversion”—specifically the kind of action the Republican legislature in Georgia is trying to pull by taking over the duties of elections officials in the state’s largest—and most Black—county.

As I said before, getting a federal voting rights bill passed would be the big, ultimate slam-dunk win for the legislative Dems. This may be the best opportunity yet, if it can get that crucial buy-in to not let the stupid filibuster be the roadblock. But time is running out, at least for our Dem legislators. The special session is nearly over, both chambers of Congress are fixing to go on recess, and then there’s also this:

If you want there to be preclearance, then you have to have it in place before the new maps get drawn. Leadership is aligned, but the Senate is as always the bottleneck. Keep pushing, it won’t happen on its own.

Jake Ellzey wins CD06 special election runoff

I confess, I had totally forgotten about this.

Jake Ellzey

State Rep. Jake Ellzey of Waxahachie beat fellow Republican Susan Wright on Tuesday to succeed her late husband, U.S. Rep. Ron Wright, R-Arlington, and pull off a major upset against a candidate backed by former President Donald Trump.

With all precincts reporting Wednesday morning, Ellzey got 53% of the vote, while Susan Wright, a longtime GOP activist, received 47%, according to unofficial results.

Ellzey declared victory in a speech shortly after 9 p.m., addressing supporters in Ennis.

[…]

Susan Wright and Ellzey came out on top of a May 1 special election that featured 21 other candidates. She finished first with 19% of the vote, while Ellzey got 14%.

Trump endorsed Susan Wright in the final days before the May 1 election. He got more involved in the runoff, issuing three statements reiterating his endorsement, starring in a robocall for her and headlining a telephone rally for her on Monday night.

Ellzey relied on support from former Gov. Rick Perry and U.S. Rep. Dan Crenshaw of Houston, a fellow Navy veteran who came off the sidelines in the runoff. Perry and other Ellzey allies suggested Trump had been misled into endorsing Susan Wright.

National attention on the race dimmed after Democrats narrowly missed the runoff, a disappointment for the party in a district that Trump won by only 3 percentage points last year. But Ellzey kept things competitive in the intraparty matchup, significantly outraising Susan Wright during the latest campaign finance reporting period and rallying his supporters against a barrage of attacks from the pro-Wright Club for Growth.

The DMN goes into the campaign and the Trump effect.

Ellzey’s victory was a blow to former President Donald Trump, who endorsed Wright over the objections of several major Texas Republicans, including former Texas Gov. Rick Perry.

Trump is perceived to be the leader of the Republican Party, both nationally and locally, and the 6th Congressional District race was a test of his political clout in his post presidency. Though he didn’t campaign for Wright in Texas, he hosted two tele-rallies on her behalf, but couldn’t push her past Ellzey.

[…]

The contest, which featured two Republican candidates, was largely a test on whether Trump is still the most influential player in the Republican Party.

His backing of Wright is believed to have helped her in Ellis and Navarro counties, both Republican strongholds easily carried by Trump in his presidential elections, and where Ellzey, who lives in Waxahachie, had hoped to establish a beachhead. He represents a Texas House district that is anchored in Ellis County.

Wright won Trump’s endorsement upon the advice from officials at the Club for Growth, and his belief, according to several with knowledge of his decision, that Wright had a built-in advantage because she’s the widow of Ron Wright.

In the days leading up to the general election, Trump stepped up his outreach to voters, twice restating his endorsement of Wright, recording automatic phone calls that went throughout the district and advertising through his super PAC on television.

Ellzey’s biggest challenge was to overcome Trump’s endorsement, and he struggled at times to find an answer to why the former president saw fit to get involved in the race.

For most of the campaign, Ellzey, with surrogates like Perry, appealed to base Republican voters. But days before the election he sent campaign mailers to Democratic Party voters in the district. Those mailers, along with text messages voters received from some source, portrayed Ellzey as a fighter for public education, while pointing out that Wright is endorsed by Trump.

It’s possible that Ellzey was able to mine Democratic voters who otherwise would have skipped a race featuring two Republicans. Wright’s campaign had already been pounding Ellzey as a tool for Democrats, so he couldn’t openly court those voters until the final days of his campaign.

“He would like it if Democrats vote for him, but he sure doesn’t want to go out on a date with one,” Democratic strategist Matt Angle said of Ellzey’s imagery.

There was some discourse, mostly on Twitter, about how this result was a referendum on Trump and his influence. I would advise anyone to take that with an extreme grain of salt, as we should always be at least a little skeptical of special election and runoff results. That said, if Wright had won, Trump would be crowing about it, and the received wisdom would be that his influence was the difference maker. That would have been way overblown as well, but to the extent that one accepts that premise, it’s worth keeping the counterexample in mind.

Ellzey’s last-minute campaign pitch to Democrats was a smart play. They were obviously not the main targets in the race, but this wasn’t a primary runoff and they were allowed to participate. One might also recall that CD06 is (at least as currently drawn) a purple district, one in which Joe Biden got 48% of the vote. In other words, there were plenty of Dems to court, even with a very simple message, and that could be a big deal in an otherwise close race. If what Dem voters got out of it was a finger in the eye to Trump, it was worth it. As relationships go, this was a total one-night stand, but it got Ellzey where he wanted to go.

One more thing:

It doesn’t change the math directly – 51 missing Democrats still make for a lack of quorum – but if a couple of Republicans are not there as well, for whatever the reason, then you’d need more Democrats to be back to get to the minimum number of 100 present members. I would normally expect the special election to replace Ellzey in the House (his district is HD10) to be this November, but it’s possible Greg Abbott will expedite it because of the forthcoming special session(s) on redistricting. We should know for sure in a couple of weeks. Daily Kos has more.

Day 13 quorum busting post: Just a reminder, the voter suppression bill still sucks

I’ll get to that in a minute, but first there’s this bit of business.

Rep. Philip Cortez

Texas House Speaker Dade Phelan, R-Beaumont, signed a civil warrant for the arrest of state Rep. Philip Cortez, a San Antonio Democrat who rejoined his colleagues in Washington, D.C., on Sunday to help prevent the passage of a GOP-backed election bill.

The warrant is not likely to have impact since Texas law enforcement lacks jurisdiction outside the state. It is the first one signed by the speaker since more than 50 House Democrats left the state to block Republicans from having the quorum needed to pass legislation during the special legislative session that began earlier this month.

Last week, Cortez returned to Austin from Washington in what he said was an attempt to engage in “good faith dialogue” about House Bill 3, the election legislation. Other Democrats criticized Cortez’s move, saying the lawmaker did not first consult with them before returning to Austin.

By Sunday though, Cortez was back in Washington, saying in a statement that talks with lawmakers in Austin on negotiating the legislation “have not produced progress.”

In a statement Monday, Phelan said that Cortez “has irrevocably broken my trust and the trust of this chamber” after the lawmaker “represented to me and his fellow members that he wanted to work on policy and find solutions to bring his colleagues back to Texas.”

“As a condition of being granted permission to temporarily leave the House floor, Rep. Cortez promised his House colleagues that he would return,” the speaker said. “Instead, he fled the state.”

Cortez, who chairs the House Urban Affairs Committee, did not directly address the warrant in a statement Monday that said he owes “a duty to my constituents to do everything I can to stop this harmful legislation.”

I didn’t blog about the Cortez situation at the time. There were conflicting reactions from different House Dems, with some being quite pointed in their criticism of his actions, saying he was not representing them. It seems clear from the Chron story that some but not all of that has been cleared up.

Cortez said in a Monday morning interview that he decided to rejoin his Democratic colleagues in the nation’s capital after three unsuccessful meetings last week with state Rep. Andrew Murr of Junction, the GOP sponsor of the elections measure.

He and Rep. John Turner, D-Dallas, one of the few Democrats who decided not to flee the state, had gone into negotiations with “six or seven pressure points” that they’d hoped to address — mostly concerning provisions in the bill that deal with the role of partisan poll watchers. But Cortez said Murr wouldn’t budge until Democrats came back to Texas.

“There was not any positive progress in terms of being able to move forward and improve the bill or improve the language of the bill, and upon seeing that, I decided to return back to D.C. and join my colleagues,” he said.

[…]

State Rep. Chris Turner, D-Grand Prairie and the head of the Texas Democratic Caucus, issued a statement Sunday night lauding Cortez as a “valued member of our caucus” who colleagues welcomed back to D.C. “with open arms.”

It was a de-escalation of a bitter back-and-forth that at times played out over social media last week as Democrats expressed frustration over Cortez’s departure, which he did not discuss with the delegation beforehand. Abhi Rahman, a Democratic aide, called Cortez a “gutless coward who has earned himself a primary challenge.”

Rahman said in an interview Monday that public pressure likely pushed Cortez to return.

“This isn’t the time for negotiations on voting,” Rahman said.

No one ever said this was for the faint of heart.

I don’t know enough about what Cortez thought he was doing, or whether he had sufficient buy-in to do what he did, but I do know that this bill continues to suck, and while it will never be worthwhile from our perspective, it could be made to be less actively harmful.

Amid all the fighting, most lawmakers have apparently overlooked a provision that would force counties to automatically reject some mail-in ballot applications. Here’s why: The Republican-authored legislation would require voters to submit either their driver’s license number or a partial Social Security number when applying to vote by mail. That number would then be cross-checked with the state’s voter-registration database. Most applicants would be fine, because almost 90 percent of all registered Texas voters have both their Social Security number and driver’s license number in the database. However, 1.9 million voters—about 11 percent of the total—have only one of the two numbers on file with the state.

During late-night testimony to a committee of the Texas House on July 10, Chris Davis, the elections administrator for Williamson County, explained that most of the voters with only one number on file wouldn’t remember which number they filed, often many years earlier, and would have to guess. “You have a 50 percent chance of the voter guessing wrong,” said Davis. Guess wrong and your application would be rejected, even if it’s been twenty years since you used your Social Security or driver’s license number to register to vote. “I challenge any person on the committee: do you remember what you filled out when you got your voter registration? I certainly don’t. And I’m in the business of this. And if [the numbers] don’t match, we’re rejecting.”

[…]

First during the regular session and then again in the ongoing special session, the authors of the “election integrity” legislation increasingly weakened crucial guardrails protecting the security of mail ballots. In addition to the new ID-matching requirements, it now contains a flawed way for voters to “cure,” or fix, a rejected mail-in ballot.

Enrique Marquez, spokesperson for House Speaker Dade Phelan, declined to answer questions about why the House moved the bill forward without addressing the ID-matching and curing issues, nor would he say whether there was any specific plan for addressing these issues if the House Democrats return to Austin. “There are no bills that can be considered on the floor until Democrats return home,” Marquez wrote in an email. “However, House Bill 3 author Andrew Murr has repeatedly stated he will work with all his colleagues to make the best bill possible.” (Murr’s chief of staff said Murr was aware of the problem and “looked forward to working with colleagues about remedying concerns about how differing numbers could result in a ballot not being counted.”)

Davis said many Republicans have failed to listen to the complaints of election officials, ignoring suggestions for improvements to nonpartisan, process-related issues. “It’s just like ‘Who is steering this bus?’” Davis told me. “They are following the pattern of only listening to their ‘the steal is real’ base and not consulting with any county elections officers.”

Davis said that while he decided to testify before the House, he chose not to give testimony before the Senate because Bryan Hughes, a Mineola Republican who chairs the State Affairs Committee, had brushed him off so many times before. Davis said he reached out to Hughes’s office about the ID-matching problem multiple times, but never received confirmation that a fix was in the works. Two legislative staffers, one working for a Republican and one for a Democrat, confirmed that the Texas secretary of state’s office had also advised legislators that the ID-matching provision needed to contain a failsafe for voters who do not have both numbers in the registration system, but the changes were never made. The staffers requested anonymity because they were not authorized to speak about negotiations. “Why are [election administrators] going to waste our time testifying?” asked Davis, who was appointed to his nonpartisan job by the Williamson County Commissioners’ Court. “They don’t care what we have to say. They haven’t from the beginning.”

County election administrators say the ID-matching provision imposes significant burdens on their offices, and they are unclear how to enforce it. Under the new language, the ID number—either a partial Social Security number or a driver’s license number—would have to be written on the envelope, forcing counties to spend thousands of dollars redesigning envelopes in order to accommodate a privacy flap that poll workers would peek under to check the number. “We’ve joked about whether it should be a scratch-off,” Davis said. If poll workers make an error or if voters, for example, transpose two numbers by accident, the application would be rejected with little opportunity for the voter to address the problem. “We don’t have time for that,” Davis said. “We’re getting down to registration deadlines by the time we receive a lot of these. There’s no time for the voter to mail another one.”

You should read the rest to learn more about the “curing” issue, in which untrained partisans get to review mail ballots and determine whether the signature on the (unopened) envelope matches the signature that’s on file from when you registered to vote. As the bill stands now, there’s no way to appeal if your ballot is rejected, and no opportunity to fix it, even though this kind of “curing” is standard and easily done in many states. This would also be redundant if the driver’s license or Social Security number matches, since the point of that is to verify identity. There are simple fixes, and the Republicans in the Lege have been aware of them for months, yet here we still are. There might be room to get the Dems back if dumb stuff like this were taken out or fixed, but the Republicans say they can’t or won’t do any of that until the Dems return on their own. That ain’t gonna happen, at least not in this session.

One thing that will happen:

Texas House Democrats who left the state to block GOP-backed efforts to enact new voting restrictions will testify on those proposals before a U.S. House subcommittee this week.

State Reps. Senfronia Thompson of Houston, Nicole Collier of Fort Worth and Diego Bernal of San Antonio are expected to make appearances on Thursday before the civil rights and civil liberties subcommittee of the U.S. House Committee on Oversight and Reform in a specially called hearing on contentious Texas legislation that would rewrite state election laws. The hearing will come in the middle of Texas Democrats’ third week in Washington, D.C., offering them a more formal stage on which to make their case against the legislation that prompted them to decamp to the U.S. capital.

“America is facing the most sweeping assault on the voting rights of the people since passage of the Voting Rights Act in 1965,” U.S. Rep. Jamie Raskin of Maryland, who chairs the subcommittee, said in a statement. “Texas is now Ground Zero in this battle, and we are honored to have these Texas lawmakers come to testify before our subcommittee about the struggle to defend basic democracy in their state.”

Again, the House isn’t really the problem, the Senate is, and it’s the ridiculous fidelity to the filibuster that’s at the heart of it. I refuse to give up hope, but time is not on our side. But at least our people in DC will get to be heard.

Day 11 quorum busting post: The Beto factor

Early on I mentioned how one potentially limiting factor in the Democratic exodus to Washington DC was funding, as housing and feeding 50+ people in the Capitol for up to four weeks would run into some money. Turns out, Beto O’Rourke had that covered.

Beto O’Rourke

Beto O’Rourke has funneled $600,000 to Texas House Democrats in Washington, D.C., to help fund their stay, which could last for up to another two weeks as the lawmakers attempt to block passage of a GOP election bill at the state Legislature.

Powered by People, the group started by the former presidential candidate and El Paso congressman, will wire the funds to the Texas House Democratic Caucus sometime this week, according to state Rep. Armando Walle, D-Houston.

The money will be used to help offset costs for lodging, meals and transportation as over 50 Democrats and roughly two dozen staffers stay in the nation’s capital. Members left Texas about 10 days ago and have said they plan to stay out of state until after the special session ends Aug. 6.

The funds will also help pay for costs associated with a virtual voting rights conference the caucus helped to host this week, Walle told The Texas Tribune on Wednesday.

O’Rourke announced the news during that virtual conference Thursday morning, saying that his group will continue fundraising for the Democrats in Washington.

“We’re gonna make sure that we get the full amount, 100% of what’s raised, to y’all,” he told lawmakers. “It is the least that we could do for everything that you all are doing for us. We want to do more.”

Walle said that the infusion of funds will go toward Democrats’ goal of raising $1.5 million to continue to help pay for the bills while in Washington. The caucus, he said, is “on a good pace to meet that goal.”

There are a number of ways that this exodus could end badly for the Dems. Running out of money and having to visibly scramble to cover living expenses would be one of them, made worse only by having to slink back home because there were no other choices. That outcome at least should be avoided, for which we can all be grateful. (And we could chip in a few bucks, if we felt so moved.)

And Beto’s role in this is appreciated.

Whether Beto O’Rourke is ready to run for governor or not, the Texas House Democrats’ fight over voting rights has already given him a springboard if he decides to take the plunge.

Over the past several weeks, the former presidential candidate from El Paso has been their biggest promoter, holding fundraisers with celebrities, co-organizing a 1960s-style civil rights march with prominent national leaders, and writing big checks to cover expenses for the Texas House and Senate Democrats who fled to Washington, D.C. to stop an elections bill.

It has all given O’Rourke a new boost of national media interviews and political relevance at a critical time for statewide candidates in Texas to build momentum if they are going to have a shot in an election cycle that starts faster than in most states because of the early primaries in March.

“They are keeping the coals hot on issues like election reform and redistricting, which Beto would try to leverage in 2022,” said Brandon Rottinghaus, a University of Houston political science professor.

While Democratic activists are pushing O’Rourke to get into the governor’s race, he insists he’s not thinking about that right now and is focused on fighting the elections bills Texas Republicans are trying to pass.

[…]

What O’Rourke is doing is a rarity in Texas politics, an arena where few are willing to pitch in without getting payback, said state Rep. Trey Martinez Fischer, D-San Antonio.

“He’s built an authentic platform with a lot of Texans and put it to good use to help us,” he said.

State Rep. Armando Walle, D-Houston, said the donations that O’Rourke has been sharing have been a big morale boost. He said seeing so many Texans giving small donations to help the cause has lifted spirits as the Democrats in D.C. push ahead.

“It’s meant the world to us,” Walle said. “It’s been a shot in the arm.”

Yet while O’Rourke may not be looking for an immediate tradeoff, he still benefits in a big way from what the House Democrats have done.

Rottinghaus said the Democrats’ battle over voting rights has teed up the very issues that O’Rourke would want to talk about on a campaign for governor.

“Now all they need is for him to step into the tee box,” Rottinghaus said.

One can only hope that is being communicated. I feel reasonably confident that Beto will have plenty of volunteer and establishment energy if and hopefully when he announces his candidacy. In the meantime, he’s definitely helping.

Sure, let’s have a fraudit here in Texas

What could possibly go wrong?

Unfair to clowns, honestly

Republican House members are seeking a forensic audit of the November election results, but only in Texas’ largest counties that mostly went for Democrat Joe Biden.

Legislation filed by Rep. Steve Toth, R-The Woodlands, requires the state’s Republican leadership to appoint an “independent third party” to carry out the audit. Among the bill’s 15 GOP co-authors are Deer Park Rep. Briscoe Cain, who chairs the House Elections Committee, and Cypress Rep. Tom Oliverson, vice chairman of the House Republican Caucus.

“Texans want to know more about the claims of voter fraud and deserve to have confidence in their elections,” Toth said in a statement about House Bill 241. “Voters want to know that their legal vote counts and matters.”

The legislation will likely go nowhere in the 30-day special session, since Democrats’ walkout stopped the GOP-led House from conducting any business. But the push shows how, despite no evidence of widespread fraud and in a state Donald Trump carried, some Republicans are still raising questions about the 2020 election results six months after Biden took office.

[…]

Rep. Chris Turner, who chairs the Texas House Democratic Caucus, said Tuesday that the legislation sounds like “it’s all based on the lie that there’s widespread voter fraud and Donald Trump really won the election.”

“I don’t know if these folks are aware of it, Trump actually did carry Texas,” said Turner, D-Grand Prairie. “So I’m not sure what they’re trying to find in their audit.”

The same thing they’ve been looking for from the beginning, which is strategies, methods, and justifications for delegitimizing Democratic votes and voters, especially non-white votes and voters. The tell is in the way the size of the counties that are in scope for this is defined: Counties with at least 415,000 people, which as noted are the top 13 counties by population in Texas. Why stop there, and why such a weird population cutoff number? Well, if you take the next 13 counties, 11 of them were carried by Trump. If you go down to the next 13 on the list, which gets you to all counties with at least 100,000 people (a much nicer, rounder number than 415,000), all 13 were won by Trump. It’s just that simple – maximize the scrutiny on Democratic counties and find ways to make them look suspicious, while minimizing it on Republican counties. It’s genius, in its malicious way. And by the way, this isn’t just my inference. It’s what Steve Toth has explicitly said.

Now some of these counties not-top-13 counties were close – Jefferson and Nueces were just barely won by Trump – and some others are (as we have seen) clearly trending Democratic, like Brazos and Brazoria. But still, they were won by Trump and thus are not of interest to anti-democrats like Toth and Cain. Ken Paxton, who knows a thing or two about making egregiously false claims about the 2020 election, has signed on to this farce as well. Does anyone think Greg Abbott will resist? Hope he’s distracted by some other shiny object, or that someone reminds him of how these audits have caused tons of election equipment to be decertified as a result of being mauled by the incompetent frauditors. As with everything else at this point, if they want to do it and a quorum exists, there’s precious little Dems can do to stop them.

Day 9 quorum busting post: See you in August

Here’s your endgame, more or less.

Texas House Democrats will not return to the state until after the special session of the Legislature is over, one of the leaders of their walkout confirmed Tuesday.

State Rep. Trey Martinez Fischer, D-San Antonio, said they expect to return to Texas on Aug. 7 — when the 30-day special session aimed at passing new voting restrictions is required to end.

“It will be our plan on that day — on or about — to return back to Texas,” Martinez Fischer told advocates of a group Center for American Progress Action Fund, that is led by former White House Chief of Staff John Podesta, a Democrat. “Then we will evaluate our next option.”

[…]

He said Democrats want to soften some of the “sharp edges” of the voting restrictions Republicans are proposing — specifically, how the GOP bill enables felony charges against election officials who violate its provisions, as well as for people who help voters fill out their ballots without the proper documentation, even for inadvertent offenses.

“There really has been no attempt to negotiate in good faith,” he said. “We are all putting our hopes in a federal standard.”

Other Texas Democrats have said their plan right now is to keep their caucus unified and focused on spurring national action. State Rep. Ann Johnson, D-Houston, said Abbott’s threats to have them arrested or to call more special sessions don’t mean much to her.

“Our presence here together ensures that those Texans who are not being heard by Gov. Greg Abbott continue to be stood up for,” Johnson said.

Democrats on Tuesday said while in Washington, they are pushing for a meeting with President Joe Biden and were continuing to meet with key leaders. That included a strategy session with U.S. Rep. James Clyburn, a top leader in the House from South Carolina.

But if the Texans are counting on Congress acting, they don’t have much time. The U.S. House goes on its annual August recess starting July 30 and the U.S. Senate leaves a week later. Neither returns to Washington until after Labor Day.

When Texas Democrats do finally return, Abbott has made clear he’ll call them back into special session again to pass an elections bill and other key priorities of Republicans who control the agenda in state politics. The Texas Constitution allows the governor to call as many special sessions as he wants, but each cannot last for more than 30 days.

It’s the Senate that matters, and their recess (assuming Majority Leader Chuck Schumer allows it in full) corresponds to the end of Special Session #1. The House is not the problem for the Dems. Same story, different day.

Timing may be a problem for Greg Abbott, as Harvey Kronberg suggests.

HK: Article X Veto may have compromised full Republican control of redistricting

In theory at least, Democrats may have leverage they should not otherwise have; Article X cannot be revived without a special and with a hard August 20 deadline looming, the Legislature is on the edge of mutually assured destruction

“The Democrats’ claims about the governor’s veto ‘cancelling’ the legislative branch are misleading and misguided. The Constitution protects the legislative branch, and as the Democrats well know, their positions, their powers and their salaries are protected by the Constitution. They can continue to legislate despite the veto” – Gov. Greg Abbott, responding to the Democrats’ Texas Supreme Court request to overturn his Article X veto.

Let’s be clear up front.

The conventional wisdom is that although there is a threat of arrest upon arrival, the House Democrats will come back at some point and watch Republicans pass some version of their election bill. A substantive question is whether the bill becomes more punitive due to Republican anger over the quorum break.

Let’s not bury the lede here. The House is boiling and Governor Abbott’s veto of legislative funding could conceivably lead to Republican loss of control in redistricting. While there is much chest beating and both feigned and real anger over the quorum bust, it camouflages a much bigger issue.

The rest is paywalled, but I was able to get a look at it. The basic idea is that per Comptroller Glenn Hegar, the state has until August 20 to reinstate legislative funding for the software to be updated in time to write checks for the next fiscal year beginning September 1. If that hasn’t happened by then, the Texas Legislative Council, which does all of the data crunching for redistricting, goes offline. No TLC, no ability to draw new maps. Pretty simple, as far as that goes.

What happens next is unclear. If the Lege can’t draw maps, that task falls to a federal court for the Congressional map. They wouldn’t have the needed data, and they wouldn’t have a default map to use as a basis, since the existing map is two Congressional districts short. The Legislative Redistricting Board draws the House, Senate, and SBOE maps if the Lege doesn’t, but they wouldn’t have data either, and per Kronberg “the LRB cannot constitutionally convene until after the first regular session in which census numbers have been received. (Article 3, Section 28).” Which is to say, not until 2023. You begin to see the problem.

Now maybe funding could be restored quickly, if Abbott were to call everyone back on August 8 or so. But maybe some TLC staffers decide they don’t need this kind of uncertainty and they move on to other gigs. Maybe Abbott declares another emergency and funds the TLC himself, though that may open several cans of worms when the litigation begins. Maybe the Supreme Court gets off its ass and rules on the line item veto mandamus, which could settle this now. Indeed, as Kronberg points out, the amicus brief filed by the League of Women Voters is expressly about the failure of the Lege to do its constitutional duty in the absence of funding for the TLC.

There are a lot of things that could happen here, and Kronberg is just positing one scenario. His topline point is that any outcome that includes a court drawing maps is a big loss for Republicans, for obvious reasons. Does that provide some incentive for “good faith negotiation”, if only as a risk mitigation for the Republicans? I have no idea.

One more thing:

When Texas Democrats staged a walkout at the end of the regular legislative session in late May, they successfully killed Republicans’ prized bill: a slew of restrictions on voting statewide. Or that’s how it seemed at the time, at least.

Less than three weeks later, Gov. Greg Abbott announced a special legislative session specifically aimed at passing an equivalent version of the so-called election integrity bill alongside other conservative legislative priorities.

The same day Abbott announced his plan for the special session, AT&T, whose CEO has said the company supports expanding voting rights nationwide, gave Abbott $100,000 to fund his reelection campaign.

[…]

In April, AT&T CEO John Stankey told The Hill that the company believes “the right to vote is sacred and we support voting laws that make it easier for more Americans to vote in free, fair and secure elections.”

In an email, an AT&T spokesperson said, “Our employee PACs contribute to policymakers in both major parties, and it will not agree with every PAC dollar recipient on every issue. It is likely our employee PACs have contributed to policymakers in support of and opposed to any given issue.”

How could the left hand possibly know what the right hand is doing? It’s a mystery, I tell you.