Democrats have plan for election bill in final stretch of Texas special session
House Democrats are starting their third week in Washington after fleeing Austin to advocate for federal voting rights legislation as they try and block bills they say would disenfranchise voters.
They’ve met with advocates and leaders on Capitol Hill, dealt with a COVID-19 outbreak, and at least one member has returned to Texas. All the while, the House has been at a standstill since July 12, unable to take action on bills on the floor or in committee. The special session ends Aug. 6.
Most House Democrats appear to be standing firm on their strategy to stop House Bill 3 and Senate Bill 1, omnibus election bills that would, among other things, prohibit drive-thru and 24-hour voting, as Republican leadership is calling on Democrats to come back to Austin.
“The one thing that we don’t have to talk about is us working because that’s not up for debate, and we will continue to work until this bill is killed, and we will deal with the next chapter when we get there,” said Rep. Jasmine Crockett, a Dallas Democrat, at a Friday news conference marking the halfway point of the special session.
How have Democrats spent their time in Washington
During their first week in Washington, Texas House Democrats met with Democratic leaders on Capitol Hill, such as Vice President Kamala Harris and Sen. Joe Manchin, who has been a key holdout in his opposition to changing the Senate’s filibuster rule.
But the lawmakers second week looked somewhat different after six lawmakers have tested positive for COVID-19. House Democratic Caucus Chair Chris Turner of Grand Prairie said the members were fully vaccinated and were experiencing mild to no symptoms. Fort Worth Rep. Ramon Romero Jr. told the Star-Telegram he was among those who tested positive.
Throughout the week, lawmakers held meetings but took a virtual approach as they talked with people like former El Paso Congressman Beto O’Rourke, civil rights activist Dolores Huerta and Crystal Mason, a Tarrant County convicted of voter fruad after she cast a provisional ballot in the 2016 election. She later said she was not aware that she could not vote while on federally supervised release.
They participated in a town hall on MSNBC on July 19, and on July 20 met virtually with House Majority Whip James Clyburn.
“We don’t regret coming to D.C. at all,” Turner said, responding to a reporter’s question last week about the COVID-19 cases. “It is very important to protect the freedom to vote and that we leave Texas in order to prevent Republicans from passing their anti-voter legislation. It is equally important that we use this moment to highlight the need for federal voting rights legislation.”
As their third week in Washington starts, members of the Texas Legislative Black Caucus held a news conference Monday with faith leaders at Unity Baptist Church in Washington.
”There’s the ability, starting from the top, for the leader to make a change, to provide oversight, to step in for Texas and other states like Georgia, Florida and Arizona who are seeing this concerted effort to block the voice of their people,” said Fort Worth Rep. Nicole Collier, who chairs the caucus.
She and other House Democrats are scheduled to testify Thursday before the U.S. House Subcommittee on Civil Rights and Civil Liberties.
The lawmakers have not met with President Joe Biden during their time in Washington.
“We know that deep in his heart he has a great reverence for voting rights, and that has been communicated to us very, very clearly,” said Rep. Rafael Anchía, a Dallas Democrat and chair of the Mexican American Legislative Caucus, on Friday.
Some House Democrats head back to Austin
It takes 51 members to break quorum in the Texas House of Representatives where there are 150 members — 67 Democrats and 83 Republicans. At least 57 Democratic members are not in Austin.
Rep. Harold Dutton, a Houston Democrat, did go to Washington but has since returned to the House floor. He’d like to see the bill changed to include more education for poll watchers and the designation of poll watchers at least 30 days before an election, as well as a state holiday for election day.
”If I’m the question mark as to a quorum, I’m not sure what I’d do,” Dutton said. “But I would certainly try as best I could to use whatever leverage I had to make the necessary changes in the bill.”
State Rep. Philip Cortez, a San Antonio Democrat, left Washington on Wednesday. At the time, he said “a small working group of Democrats decided to begin active discussions here in Austin on improving (House Bill 3) and asked that I return to establish open communication lines.”
But the return was short-lived. The House Democratic Caucus on Sunday announced he was rejoining his colleagues in Washington.
“I stand firm in my resolve to remain with the Democratic Caucus until the special session ends, and to do whatever it takes to fight for the freedom to vote for all Texans,” Cortez said in a statement.
The Texas House of Representatives previously voted to allow for the arrest of members who fled to Washington. The speaker’s office said Phelan signed a civil arrest warrant for Cortez on Sunday.
“Rep. Cortez returned to the Texas Capitol of his own volition and represented to me and his fellow members that he wanted to work on policy and find solutions to bring his colleagues back to Texas,” Phelan said in a statement. “As a condition of being granted permission to temporarily leave the House floor, Rep. Cortez promised his House colleagues that he would return. Instead, he fled the state and has irrevocably broken my trust and the trust of this chamber.”
Turner, the House Democratic Caucus chair, took Cortez’s return as an opportunity to stress the unity of the caucus.
“All 57 Democrats breaking quorum are just as firm in our commitment to seeing this through until the end as we were the day we left,” Turner said in a statement. “We are united and unrelenting in our commitment to protect the freedom to vote.”
Republicans respond as clock ticks on special session
The special legislative sessions last 30 days, but Abbott has said he will “keep calling special sessions” until the Democrats return to Austin.
House Republican Caucus Chair Jim Murphy, a Houston Republican, on Wednesday pointed out that lawmakers “can’t show up on day 30 and get our work done.”
Other items on the agenda include changes to the bail system, border security, social media censorship, family violence prevention, critical race theory, limiting access to school sports teams for transgender students, legislation related to abortion-inducing drugs, an additional payment for retired Texas teachers, property tax relief and legislative funding.
“You need to be here well in advance so we have time to move Senate bills through the House, House bills through the Senate,” he said. “We’re kind of on the bubble right now, time wise and number wise.”
In a Monday news conference, Murphy continued to call on Democrats to come back to Austin. House Bill 3’s author Andrew Murr, a Junction Republican, stressed that he’s open to sitting down with lawmakers to discuss the bill.
“The only delay has been that we’re not all in the same building in order to do that,” he said.
Murphy said House Republicans will continue to come to the Texas Capitol every day.
“Here’s the bottom line: If a few more Democrats will come to work, we can pass these bills and avoid additional special sessions,” he said. “To our colleagues, we say, Come home. We’ll leave the light on.”
This story was originally published July 26, 2021 at 4:42 PM.
