Exit Strategy: Texas Democrats Who Fled State to Avoid Vote Could Face Arrest

The Texas House of Representatives voted Monday to force Democrats who fled the state in an attempt to prevent congressional redistricting to return to the state Capitol under threat of arrest.

On Monday, dozens of Texas Democrats were in Democrat enclaves such as Illinois, New York, and Massachusetts, where they were welcomed by those states’ governors.

“The sergeant at arms, and any officers appointed by her, are directed to send for all absentees whose attendance is not excused for the purposes of securing and maintaining their attendance, under warrant of arrest if necessary” said Republican Speaker of the House Dustin Burrows after the motion, known as a “call of the House,” prevailed 85-to-6.

Burrows adjourned the state House until 1 p.m. Tuesday, when members are expected to return. The warrants will only apply within Texas and lawmakers “will not face civil or criminal charges from the arrests,” per The Texas Tribune.

Shortly after the vote, Gov. Greg Abbott announced he had “ordered Texas [Department of Public Safety] to arrest and return every derelict House Democrat to the Texas Capitol,” in compliance with the motion, adding, “This order will remain in effect until all missing Democrats are accounted for.”

Texas Attorney General Ken Paxton also released a statement declaring absent members should be “swiftly arrested, punished, and face the full force of the law for turning their backs on the people of Texas.”

Ahead of the Texas House of Representatives’ consideration of a newly drawn congressional map that would favor Republicans, Democrats fled the state in order to break quorum—the number of representatives required to be present for debate to proceed.

“This extraordinary step of a quorum break is so that your voices can be heard,” said Democrat state Rep. Ann Johnson in a video posted to the social media platform X as she left the state. “If they’re not going to be heard here in Texas, then we are breaking quorum to go to the nation and say, ‘This is it. You must stop [President Donald] Trump’s takeover.’”

Texas state House Republicans’ redistricting plans could flip nearly a half-dozen Democrat-held seats in Congress, an effort Trump supports.

Breaking quorum in this manner incurs harsh punishments under Texas House rules, such as a $500 daily fine for each day absent without excuse. 

Abbott had already warned that absent Texas Democrats could even be stripped of their positions.

“The derelict Democrat House members must return to Texas and be in attendance when the House reconvenes,” he wrote in a statement. “For any member who fails to do so, I will invoke Texas Attorney General Opinion No. KP-0382 to remove the missing Democrats from membership in the Texas House.”

Abbott has also warned of potential felony charges if members accept donations to pay the fines.

“In addition to abandoning their offices, these legislators may also have committed felonies,” the governor wrote. “Any Democrat who ‘solicits, accepts, or agrees to accept’ such funds to assist in the violation of legislative duties or for purposes of skipping a vote may have violated bribery laws.”