Texas Judge Freezes Fundraising by Beto O’Rourke for Quorum-Breaking Democrats

Beto O’Rourke, Texas Democratic gubernatorial candidate, addresses supporters at a campaign stop in Dallas. (AP Photo/Tony Gutierrez, File)

A Texas judge temporarily blocked former Rep. Beto O’Rourke (D) and his nonprofit Powered by People from using political donations to support quorum-breaking Democratic lawmakers — handing Attorney General Ken Paxton (R) an early win in his legal campaign against the Democrats.

The Temporary Restraining Order (TRO), issued Friday in Tarrant County, came after an emergency hearing where Paxton’s team alleged that O’Rourke’s group raised donations under “false, misleading, or deceptive acts” in violation of the Texas Deceptive Trade Practices Act. Paxton argued that a Fort Worth rally planned for Saturday and ongoing fundraising made immediate action necessary.

“The Court finds that harm is imminent to the State, and if the Court does not issue the Temporary Restraining Order, the State will be irreparably injured,” the order reads. “Defendants’ fundraising conduct constitutes false, misleading, or deceptive acts.”

The order immediately stops O’Rourke and Powered by People from using political funds to cover out-of-state travel, lodging, dining or fines for unexcused Democratic lawmakers during any special sessions, and from raising such funds through platforms like ActBlue.

The TRO also bans offering or agreeing to provide such benefits to lawmakers as “consideration” for skipping sessions, and prohibits “removing any property or funds from the State of Texas” while the case is pending.

Paxton’s lawsuit accuses O’Rourke of orchestrating a scheme to pay for quorum-breaking lawmakers’ personal expenses, framing it as felony bribery and a violation of state election law.

The order is temporary, lasting until a hearing on a longer-lasting injunction. That hearing scheduled for August 19 will determine whether these restrictions remain in place while the case moves forward — and whether Paxton’s aggressive legal theory survives its first real test.

Paxton’s use of the Texas Deceptive Trade Practices Act — normally aimed at consumer scams — to go after political fundraising, is rare and likely to draw First Amendment challenges.

The quorum break targeted by Paxton’s lawsuit is part of Democrats’ effort to block a GOP-backed redistricting plan.

O’Rourke, for his part, has already signaled he’s fighting back. Just before the ruling, he posted on social media: “We just sued Ken Paxton in state court. Taking the fight directly to him.”

The exact details of O’Rourke’s lawsuit have not yet been made public.