Aug 19
Civil

Texas’ Congressional Redistricting Moves Forward as Democrats Return to the Capitol

author :
Bill Peacock
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Texas Democrats who walked out over a mid-census congressional redistricting plan returned to the state capitol in Austin Monday. However, the political turmoil in Texas and across the country continues.

​For the first time since many Democrats fled the state August 3, a quorum (two-thirds of the members) was present, so the House was able to conduct business in the second special session recently called by Texas Gov. Greg Abbott. Bills were referred to committees who proceeded to take action.

One of those committees was the House Select Committee on Congressional Redistricting. It passed a plan that will likely move five congressional districts from Democrat to Republican control. This was the same plan that the committee passed about two weeks ago in the first called special session that the Democrats brought to an end with their quorum-busting walkout.

Not all Republican activists are happy with the committee adopting the same plan. Bo French, the chairman of the Tarrant County (Fort Worth) Republican Party, is one of those.

To counter Texas’ efforts, California Gov. Gavin Newsom is attempting to have a new congressional map ready in time for the state’s primaries in June.

​“California will not sit idle as Trump and his Republican lapdogs shred our country’s democracy before our very eyes,” he said. “This moment calls for urgency and action – that is what we are putting before voters this November, a chance to fight back against his anti-American ways.”

California’s redistricting path is more complicated than Texas. California voters in 2010 gave the power to draw maps to a citizen commission. Redistricting can happen only once in a decade.

​What Newsom is proposing is to override the voters and let the Legislature create districts more favorable to Democrats. That will require going to the voters for their approval, however. Beside the question of whether voters might approve the idea, there are also concerns over whether there is enough time to pull this off.

Back in Texas, Democrats are not happy about their reception in the House chamber. None of the quorum busters are allowed to leave the House chamber without an escort of a Texas DPS trooper. Dallas Rep. Mihaela Plesa explained a trooper stayed in her capitol office during the day and followed her to a staff lunch. When she left for the evening, he followed her to her apartment.

​“We were kind of laughing about it, to be honest, but this is really serious stuff," Plesa said in a telephone interview. "This is a waste of taxpayer dollars and really performative theater.”

Another Democrat, Rep. Nicole Collier, was unwilling to agree to the trooper escort. She spent Monday night in the House chamber.

Texas Rep. Toni Rose (D) displays her permission slip allowing her to leave the Texas House under DPS escort.

Republican Rep. Brian Harrison says that Democrats, more so than Texas Republicans, are the ones playing hardball over the redistricting plan.

“In Massachusetts, Democrats have gerrymandered every GOP seat out of existence and still push for more,” he said in an interview on War Room with Steve Bannon. “In Texas, if leadership wanted nine Republican seats, we’d have nine. If we settle for five, it’s because cowards in charge chose surrender.”

At this point, it appears unlikely that the Democrats will stop the effort to change Texas’s congressional districts. Questions remain, though, as to what Democrats across the country can do to combat Texas’s efforts.

At one point, Massachusetts Gov. Maura Healey threatened to redistrict congressional seats in her state. Democrats have already gerrymandered the state’s districts to eliminate Republicans from Massachusetts congressional delegation. New York, like California, has an independent commission that changes the political maps only after every census. To redistrict before the 2026 midterms, the law would have to be changed. Wisconsin Democrats are trying to get the courts to force redrawing of districts in that state.

Democrat states seem to face more redistricting roadblocks than do Texas and other Republican states. Ohio already has a law in place that requires redistricting prior to the 2026 midterms. Missouri Republicans have already taken steps toward redistricting; and conversations about redistricting are taking place in Republican-controlled states Florida, Kansas, and Indiana.

What Texas Democrats have accomplished by their walkout is raising millions of dollars from across the country. The money could be used to pay any fines associated with the walkout and for a potential court challenge to the new congressional maps. The Democrats are preparing for that fight.

​“We’re returning to Texas more dangerous to Republicans’ plans than when we left," said Rep. Gene Wu, chair of the Democrat House Caucus. "Our return allows us to build the legal record necessary to defeat this racist map in court.”

One donor to the Democrats’ cause, former U.S. Rep Beto O’Rourke, has run into trouble because of his donations. On Saturday, a Tarrant County judge expanded a restraining order against O’Rourke and his political organization, Powered by People.

​“The Court finds that harm is imminent to the State, and if the Court does not issue this order, the State will be irreparably injured. Specifically, Defendants’ fundraising conduct constitutes false, misleading, or deceptive acts under the Texas Deceptive Trade Practices Act, because Defendants are raising and utilizing political contributions from Texas consumers to pay for the personal expenses of Texas legislators, in violation of Texas law,” wrote District Court Judge Megan Fahey in her opinion.

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