The legal limits of forcing lawmakers back across state lines 

The Texas legislature is frozen. 

Upwards of 50 Democratic legislators have fled the Lone Star state, effectively blocking the Republicans from re-drawing the state’s Congressional districts.   

This “walkout” has sparked plenty of tough talk from Republican leaders, but what can they actually do? 

Here’s a rundown of the facts.

How did Texas Democrats break quorum? 

There are 62 Democrats in the Texas House, and 57 of them have left the state.  

That’s enough to deny “quorum,” the minimum number of legislators who need to be present for the legislature to conduct official business. 

The Texas Constitution requires two-thirds of the 150-member House – that’s 100 members – to conduct business. With 57 Democrats absent, the House can’t vote on any bills.

Why did Texas Democrats leave the state? 

Legislators can’t just stay at home to block quorum. Texas allows the legislature to “compel attendance,” meaning the House can vote to send the police to detain the missing legislators and bring them to the state capitol. 

But that authority stops at the state line. The Texas legislature can’t send police to make arrests in other states, and blue states – like Illinois, where most of the legislators went – won’t hand them back to Texas voluntarily.  

Extradition is also not an option. The arrest warrants issued in quorum fights are civil – not criminal – and the Extradition Clause of the Constitution only applies to criminal cases. 

Simply put, Texas can’t demand other states send the Democrats back. 

Can Governor Abbott remove the Democrats from office? 

Texas Gov. Greg Abbott threatened to kick the fleeing Democrats out of office if they don’t return, citing a 2021 opinion by the state’s attorney general. Gov. Abbott says he would declare their seats vacant, lowering the threshold for quorum and allowing Republicans to vote on the Congressional maps. 

Legal scholars are skeptical that Gov. Abbott has that authority. Scott Braddock, editor of the Texas-focused news site Quorum Report, says that, “Gov. Abbott is probably as wrong as he could be.” The 2021 attorney general opinion, according to Braddock, says that the courts – not the governor – could potentially determine whether a House seat is vacant.

Can the Texas Democrats be charged with felonies?  

The state legislature is fining all members a $500 fine for every day they’re absent. Gov. Abbott said that if legislators use donations to pay the fines, that would count as accepting bribes – a felony in the state of Texas.  

But once again, experts aren’t so sure these threats hold water. Andrew Cates, an Austin-based campaign finance and ethics lawyer, told the Texas Tribune he would be “very surprised if there were any real monetary penalties that were enforceable,” let alone felony charges. 

Can President Trump mobilize the National Guard? 

James Talarico, a Democratic state legislator seen as the de facto leader of the walkout, told Politico he was concerned President Trump would use the National Guard to send the legislators back to Texas. 

While it’s true that the President can take control of a state’s National Guard – even without the governor’s consent – they can only do it for emergencies like national security and natural disasters. And even if President Trump mobilized the Guard, they would be acting as the U.S. military and would not be allowed for domestic law enforcement under the Posse Comitatus Act. 

Is there a deadline?  

In 2021, Texas Democrats left the state for 38 days trying to block voting-related legislation. How long could they stay out this time around? 

December 8th is seen as the deadline for Texas Republicans to draw new Congressional maps. That’s the deadline for candidates to file to run in the March 2026 primaries; if the maps aren’t set by then, candidates won’t know where to file.  

That’s 126 days after the Democrats first left Texas on August 4th. Will they be able to hold out?

Bottom line

Republican leaders in Texas have some tools, but their powers stop at the state line. Unless enough Democrats come back voluntarily, the legislature stays stuck. 

December 8th is the deadline that matters. Everything else is noise.