East Texas attorney says Gov. Abbott can’t directly remove lawmakers from office

TYLER, Texas (KLTV) - An East Texas attorney says Gov. Greg Abbott cannot directly remove House members from office after the governor said he would do so following House Democratic lawmakers’ decision to deny quorum.

Over 51 House Democrats left Texas prior to Monday’s scheduled vote on a bill that would change the state’s congressional maps prior to the midterm elections. 100 House members are necessary to allow a vote in the lower chamber.

The attorney general opinion cited by Abbott was written by Texas Attorney General Ken Paxton in 2021, the last time House Democrats broke quorum.

“It’s more complicated than the governor probably presents,” said Tyler attorney Justin Roberts. “It’s likely not very feasible that the governor could remove somebody from office or that this would result in somebody being removed from office. One thing the Attorney General Opinion does cite is a court opinion that says that the legislator themselves has to show the intention of abandoning their office. That’s going to a very high threshold to get passed.”

Roberts said the attorney general opinion mentioned by Abbott is non-binding.

“The governor can’t directly do anything,” added Roberts. “But his attorney general or local prosecutors can initiate a court action to have a public office holder removed from office. And that’s what the attorney general opinion was getting at, was that the courts can decide this and see if the facts do constitute vacancy or abandonment of an office.”

“It does not appear that the Democratic lawmakers are trying to abandon their office or vacate their office,” he added. “They’re trying to not to perform certain duties currently for the moment. So, it’s unlikely that they’re trying to abandon their office or vacate it.”

State Sen. Robert Nichols (R-Jacksonville) expressed skepticism that Abbott could remove members who do not show up to vote.

“You have three branches of government: executive, legislative, and judicial, and I’m not sure one branch can go and remove pieces of the other without some type of due process,” Nichols said. “I don’t think you can just wave a wand and do that.”

Alongside calling for their removal from office, Abbott has ordered the Texas Department of Public Safety to arrest members who deny quorum.

The proposed congressional maps would add five additional Republican-leaning seats, potentially bringing Texas’ congressional delegation to 30 members of the GOP.

State Rep. James Talarico (D-Austin), one of the Democratic lawmakers who fled the state to Illinois, said Abbott’s threat to remove lawmakers should cause concern.

“It’s very consistent,” Talarico said. “With these corrupt maps, Greg Abbott is trying to rob Texans of their ability to elect the candidates of their choice, and now he’s literally threatening to remove the people’s candidates and the people’s elected officials from office. So, he’s taking a page right out of Donald Trump’s authoritarian playbook, and it should be alarming to everyone, regardless of your political party.”

The Texas House is set to convene tomorrow afternoon.

Related:

• East Texans react to Texas House Democrats’ move to deny quorum on redistricting vote
• Texas House Democrats leave the state in bid to block GOP’s proposed congressional map
• Texas House panel advances redrawn congressional map that would add more GOP seats
• Proposed Congressional redistricting could change who represents East Texans
• East Texans react to proposed congressional maps
• Texas lawmakers hear testimony on changing congressional maps
• Reps. Hefner, Harris discuss possible redrawing of state congressional districts