Texas Democrats could be fined nearly $400,000 for fleeing the state

Texas Democrats Face Hefty Fines for Legislative Walkout

In a bold political maneuver, Texas Democrats are poised to incur nearly $400,000 in fines for their decision to flee the state, an act aimed at thwarting the Republican-led redistricting effort. The stakes could escalate significantly, with potential fines exceeding $3.2 million if they remain absent during future legislative sessions this year.

According to calculations by POLITICO, these figures are based on the minimum number of lawmakers required to break quorum and the anticipated duration of their out-of-state absence, with each day of absence incurring a fine of $500. This financial burden reflects the lengths to which Democrats are willing to go to resist efforts to reshape Texas’ congressional map, which could add five Republican seats under President Donald Trump’s influence.

This situation underscores the escalating tensions across the nation as various states contemplate mid-decade redistricting strategies, a significant factor in the battle for control of the House of Representatives in the upcoming elections.

According to Texas House rules, lawmakers who miss official business without prior approval incur a daily penalty of $500. With at least 51 Democrats required to break quorum, the daily fines quickly accumulate, reaching a minimum of $25,500. Following their mass exodus to blue states, 57 Democrats were absent from Monday’s session, bringing the total penalties that day to $28,500, although it remains unclear how many of these absences were specifically linked to the protest against redistricting.

If Democrats choose to remain out for the duration of the special legislative session, ending on August 19, they could accumulate fines reaching at least $382,500. Should Governor Greg Abbott call additional special sessions at Trump’s behest and the Democrats continue their defiance, the financial fallout could surpass $3.2 million by the candidate filing deadline on December 8.

Despite the looming fines and Abbott’s threats to arrest them or vacate their offices, the fleeing lawmakers remain undeterred. “We’ll deal with the consequences later,” said Texas Rep. John Bucy, who relocated to Illinois with his colleagues. “The critical issue at hand is preventing Donald Trump from manipulating the congressional map and winning the midterm elections through unfair tactics.”

This ongoing saga marks the inaugural test of whether Republican legislators will enforce fines on their Democratic counterparts. Following the Democrats’ previous exodus in 2021 to oppose GOP voting restrictions, Texas lawmakers amended House rules in 2023 to implement daily fines aimed at discouraging future quorum-breakers.

Many Texas Democrats are skeptical regarding the legitimacy of the fines, expressing doubts about the Republicans’ authority to enforce such penalties. “This is merely a house rule,” stated Andrew Cates, a campaign finance attorney in Texas. “It isn’t law. How on earth are they going to collect it? How will enforcement work?”

The question of who ultimately pays these fines remains murky, as state law prohibits lawmakers from using campaign funds for such expenses. However, Texas Democrats believe they might have identified a loophole around this restriction, though details remain vague.

In anticipation of the walkout, national Democratic leaders have pledged financial support for their Texas colleagues. Powered by the People, a political organization founded by former Rep. Beto O’Rourke (D-Texas), is reportedly one of the primary supporters covering costs incurred by the members, as cited by the Texas Tribune. The Texas Majority PAC, a group associated with George Soros focused on elevating Democratic candidates, is also actively engaging in fundraising efforts.

“We are committed to utilizing every legal avenue available to us,” Rep. Jasmine Crockett (D-Texas) affirmed from Illinois on Monday. She emphasized that Democrats are soliciting guidance on securing funds for their efforts while ensuring compliance with federal laws. “Once we have clarification, we will do everything we can to support them, as long as we operate within the law.”

Abbott has warned that any lawmaker accepting financial assistance to cover their fines could face bribery charges, which is classified as a second-degree felony in Texas. This warning hinges on a strict interpretation of Texas’ public bribery statute, which deems it a felony to accept political donations as part of an “express agreement to take or withhold” official actions.

However, proving such a case is fraught with challenges. The law stipulates that there must be “direct evidence” of a corrupt agreement—simply showing circumstantial evidence will not suffice. Therefore, Texas prosecutors would require clear evidence, such as eyewitness testimony or written communications, to demonstrate that the Democrats agreed to break quorum solely in exchange for financial benefits.

As the potential fines mount, lawmakers face significant risks. Texas legislators earn a mere $7,200 annually for their legislative duties, often juggling this role alongside other careers. The financial implications of the ongoing standoff highlight the precarious position Democrats find themselves in; they not only confront the economic ramifications but also navigate political vulnerabilities. While their primary aim is to disrupt the Trump-backed congressional map, they also stall essential legislative work, including potential relief measures in response to last month’s devastating floods.

The situation has not escaped the attention of other Democrats, who have swiftly leveraged the Texas lawmakers’ flight for their own fundraising initiatives. Representatives like Alexandria Ocasio-Cortez (D-N.Y.) and O’Rourke have sent fundraising emails commending the Texas delegation for their defiance, while the Democratic Congressional Campaign Committee is also mobilizing support, with emails signed by Crockett, who previously participated in the 2021 walkout.

During a speech from the dais on Monday, Texas House Speaker Dustin Burrows underscored the financial implications for Democrats. “To be absolutely clear, leaving the state does not stop this House from doing its work; it only delays it. Every day this chamber is unable to act, the cost grows,” Burrows stated. “If you choose to continue down this road, you should know there will be consequences.”

Contributions by Shia Kapos and Kyle Cheney were included in this report.