Shortly after the Texas House of Representatives finally approved its redistricting plan following weeks of delays, Republican Gov. Greg Abbott proposed legislation that would strictly limit the kinds of walkouts that Democrats used to hold up the bill in the future.
The Texas Legislature is currently holding a special session to consider a long list of bills in addition to the redistricting plan, which needs to be approved one more time by the state Senate before it can be signed into law. Abbott has added the new restrictions on walkouts to their agenda for the rest of the session.
“We need to ensure that rogue lawmakers cannot hijack the important business of Texans during a legislative session by fleeing the state,” he wrote in a statement announcing the proposal.
The redistricting plan, which would redraw the lines of Texas’s congressional districts to potentially secure the GOP five more seats in Congress in next year’s midterms, appeared to be on an easy path toward passage early this month until dozens of Democrats fled the state to block the Republican-dominated Legislature from being able to meet.
The walkout successfully prevented Republicans from holding a vote on the plan for roughly two weeks. Each of the Democrats was fined $500 a day during their absence. Abbott also threatened to have them removed from office, and civil warrants were issued for their arrest. The Democrats eventually chose to return to Texas in order to lay the groundwork for a legal challenge they plan to mount against the new maps. Their presence allowed the House to meet and approve the proposal.
What would the new rules do?
The bill would create new penalties for “excessive absence” by lawmakers. If it becomes law, any member of the Texas House or Senate who misses seven consecutive days of legislative proceedings, without being granted a leave of absence, would lose their seat in the Legislature.
Walkouts would still be possible under the proposed rules, but they could only last for so long before any absent lawmakers would be booted from their seats. Under current rules, walkouts can last as long as absent members are able to remain out of the state.
The new restrictions would go into effect immediately if they’re passed by a two-thirds majority in both houses of the state Legislature. In the more likely event that they pass with a simple majority, they will go into effect 90 days after the special session ends.
Where does the redistricting battle go from here?
Once Texas’s new map is signed into law, the fight will shift to the courts. Democrats argue that the GOP’s district lines violate laws against racial gerrymandering. Republicans counter that the map was drawn purely for political reasons, which is legal under current Supreme Court precedent.
Another thing the Democrats accomplished with their walkout was turning redistricting into a national issue. California has started the process of redrawing its own maps specifically to counter any gains the GOP makes through redistricting in Texas. Democrats in a few other blue states, most notably New York and Illinois, have considered whether they too should enact new district lines.
Republicans also have their eyes on potential seats elsewhere in the country. GOP leaders in Ohio, Missouri, Indiana and Florida have all said they could consider trying to get new maps in place ahead of next year’s midterms.
