Republicans Issue Arrest Warrants for Texas Democrats, But They Likely Aren’t Enforceable 

The Texas House Monday voted to issue arrest warrants for Democrats who fled the state to block the GOP from taking a vote on its congressional redistricting plan. However, experts say it’s unlikely the warrants will actually return Democrats to Texas, contrary to Republicans’ claims.

“I have signed the civil arrest warrants,” House Speaker Dustin Burrows (R) told reporters Monday, shortly after the vote. “We will work with DPS (the Texas Department of Public Safety) to locate members.” 

But it’s unclear how Texas law enforcement could legally arrest lawmakers who are breaking quorum.

“A warrant issued by the Texas House is not effective out of the state unless another state chooses to domesticate it and enforce it under that state’s laws,” Chad Dunn, a longtime Texas election and voting rights lawyer, told Democracy Docket. 

Most Democrats who left the state have gone to Illinois – under the jurisdiction of Gov. JB Pritzker (D), who has made it clear he doesn’t plan to enforce warrants against them.

“We’re going to do everything we can to protect every single one of them,” Pritzker told reporters Sunday night.

Before Monday’s vote, prominent Texas Republicans threatened Democrats with arrest if they left the state. Texas Attorney General Ken Paxton said Sunday he supports “the immediate arrest of these rogue lawmakers who’ve fled their duties,” while Sen. John Cornyn said he approves of “any and all measures taken by Governor Abbott and state leaders to end this charade.” 

Gov. Greg Abbott (R) went one step further, threatening Sunday to “remove the missing Democrats from membership in the Texas House” and “swiftly fill vacancies.” He said Democrats “may also have committed felonies” – arguing they may have violated bribery laws by fundraising to cover the costs of breaking quorum – and that he would use his “full extradition authority to demand the return to Texas of any potential out-of-state felons.” 

However, Abbott does not have the authority to remove House members, Dunn said.

Texas Republicans would need to file a lawsuit in state court, and prove two things at trial: officials are not complying with the duty of their office and they have abandoned their office, he said. 

“The government could prove neither of those in these circumstances,” Dunn said. “It’s in fact a compliance with a legislator’s duty to make the determination not to return and help establish quorum. And it’s certainly a justified decision in light of the very clear racial discrimination that would result from the map, in violation of the U.S. Constitution and the federal Voting Rights Act.”

There’s no evidence Democrats out of the state have abandoned their office, either.

“The legislators have given every indication they have no intention whatsoever to withdraw from their office,” Dunn said. “They view it as part of their duty to exercise their right as legislators to not help establish a quorum at this stage.” 

Under Texas House rules, a member who is “absent without leave for the purpose of impeding the action of the house” could face expulsion – but that would require a supermajority to vote for it, Dunn said. 

Dunn said Abbott’s threat to swiftly fill Democrats’ vacant seats isn’t credible, either.

“There won’t be vacancies, and none of this would happen quickly,” Dunn said.

As for the bribery allegations, Dunn said Abbott has absolutely no evidence to back up his claim. 

“In order to prove the criminal offense of bribery, one would have to come into court with evidence beyond a reasonable doubt that each of these members made the determination not to help establish quorum in exchange for some payment or benefit,” Dunn said. 

Abbott would be unable to use his extradition powers because no criminal offense has been committed.  

“This has no criminal component at all,” Dunn said. “This is a matter of the Texas House and the Texas House’s authority. There’s no jurisdiction here for criminal courts.”

Abbott’s threats don’t appear to be intimidating Democrats. State Rep. Jolanda Jones (D), an attorney, told reporters Monday that Abbott has no legal grounds to arrest them out of state.

“There is no felony in the Texas penal code for what he says. So respectfully, he’s making up some s**t,” Jones said. “He has no legal mechanism.”