Erin Zwiener, a member of the Texas House of Representatives for District 45 that represents San Marcos, is one of the democratic socials who have left the state in order to break quorum and attempt to prevent the redrawing of congressional district maps from going through, aimed at flipping five Democratic seats.
"These new maps that are being proposed would dramatically disempower the people I represent in their ability to select a member of Congress. San Marcos, historically, has been part of Congressional District 35; Some parts have also been part of Congressional District 21, but Congressional District 35 is really important because it's a minority opportunity district. It's a district that links to other communities of Hispanic voters, up and down I-35, and these are communities that have historical connections to each other," Zwiener said. "That district links those communities. Because the district has a 53% Hispanic voting-age population, it means Hispanic voters have the power to elect the candidate of their choice."
Zwiener explained what she feels the impact of the new maps would be locally.
"This new map demolishes Congressional District 35 as it's currently constituted, and instead takes San Marcos, all of its communities, including the historic Hispanic communities, and subsumes them in Congressional District 21, which is over 60% white," Zwiener said.
Under the possible redistricting, Kyle and Buda would move into Congressional District 27, which goes all the way to Corpus Christi.
"The bulk of the voting in that district will come from Victoria and Corpus Christi — these very industrial communities [with] big connections to Oil and Gas, the Plastics Industry and the Chemical Industry," Zwiener said. "In Hays County, we're largely bedroom communities related to Austin, and our economic identity is more about tech, government [and] higher education; so we’re going to get subsumed into this district that really is more about these industrial fields, and that’s who those elected officials are going to be responsive to — the area that makes up the majority of its votes. And communities like Kyle and Buda are going to just be ignored.”
In a Fox News interview linked on his website, Texas Lieutenant Governor Dan Patrick explained President Donald Trump’s motivation for redistricting in order to gain seats for Republicans in Congress.
“New York, New Jersey, Illinois, California and Washington State, Donald Trump received, on average, 42% of the vote. But in Congress, in those states, the Democrats have 90 representatives, and Republicans only have 27,” Patrick said. “In Pritzker state, the president got 43% of the vote, and 14 of 17 are Democrats. No. We are doing what is legal. We are doing what is right on behalf of Texans.”
Zwiener said the issue is about her constituents’ voices with their member of Congress.
“When you’re in a district that makes sense, it means your elected official has reasons to be responsive to you. You think the way a huge number of other people in your district think, and, therefore, they have a reason to be responsive. If a community, however, is a fringe community of a district, then your elected official doesn’t have any incentive to pay attention to you because their votes come from somewhere else,” Zwiener said. “The entire I-35 corridor, in this new map, would be made the fringe communities.”
Governor Greg Abbott responded to the democratic officials breaking quorum by saying that “real Texans don’t run from a fight.”
“In other words, Democrats hatched a deliberate plan not to show up for work, for the specific purpose of abdicating the duties of their office and thwarting the chamber’s business,” Abbott said. “That amounts to an abandonment or forfeiture of an elected state office. When the Governor calls a Special Session, our Constitution provides that the ‘Legislature shall meet.’ TEX. CONST. Art. III, § 5 (emphasis added). It’s not optional. It’s a duty.”
In his press release issued on Aug. 3, Abbot called for the Democratic House members to return to Texas to reconvene at 3 p.m. on Aug. 4, which they did not. He stated that he would invoke Texas Attorney General Opinion No. KP-0382, which he would use to “remove the missing Democrats from membership in the Texas House.” In that opinion, the Attorney General considered whether intentionally breaking quorum would allow for a determination that a legislator “vacated office.”
“The Attorney General concluded that ‘whether a specific legislator abandoned his or her office such that a vacancy occurred will be a fact question for a court,’” Abbott stated. “He further concluded that ‘through a quo warranto action, a district court may determine that a legislator has forfeited his or her office due to abandonment and can remove the legislator from office, thereby creating a vacancy.’ That empowers me to swiftly fill vacancies under Article III, Section 13 of the Texas Constitution.”
Abbott accused the missing House members of committing felonies.
“Many absentee Democrats are soliciting funds to evade the fines they will incur under House rules,” Abbott stated. “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. See TEX. PENAL CODE § 36.02. The same could be true for any other person who ‘offers, confers, or agrees to confer’ such funds to fleeing Democrat House members. I will use my full extradition authority to demand the return to Texas of any potential out-of-state felons.”
In a press release issued on Aug. 4, Abbott stated that Speaker Dustin Burrows issued a call of the Texas House and issued warrants to compel the missing Democratic members to the chamber.
“I ordered the Texas Department of Public Safety to locate, arrest and return to the House chamber any member who has abandoned their duty to Texans,” Abbott stated. “This order will remain in effect until all missing Democrat House members are accounted for and brought to the Texas Capitol.”
