In a high-stakes move that could reshape Texas legislative norms, Governor Greg Abbott has formally asked the Texas Supreme Court to declare that Democratic State Representative Gene Wu (D-Houston) has forfeited his office by fleeing the state during the ongoing special legislative session. Wu was among more than 50 House Democrats who left Texas on Sunday to block a Republican-backed redistricting plan.
In a 29-page legal petition filed Monday evening, Abbott claimed that Wu’s absence—and the coordinated effort by Democrats to deny the House a quorum—amounts to abandonment of office, which he argues justifies stripping Wu of his seat representing House District 137.
“What is at stake here? Nothing less than the future of Texas,” Abbott’s petition reads. “If a small fraction of recalcitrant lawmakers choose to run out the clock today, they can do so for any, and every, Regular or Special Session, potentially bankrupting the State in an attempt to get their way.”
The petition invokes quo warranto, a legal mechanism that allows challenges to whether a public official has the legal right to hold office. Abbott argues that the Texas Supreme Court has jurisdiction to issue such a writ and that Wu’s continued absence, as well as his alleged acceptance of out-of-state fundraising tied to the walkout, amounts to bribery and dereliction of constitutional duty.
Abbott’s legal team writes, “Deliberate abandonment of office constitutes a forfeiture. Indefinite removal to another State for purposes of avoiding the constitutional requirement that they ‘shall meet’ likewise vacates the office.” The filing requests that the court rule by Thursday, August 7, and declare Wu’s seat vacant, triggering a special election.
Democrats Flee as Redistricting Vote Nears
The controversy erupted after House Democrats flew to Illinois, New York, and Massachusetts to prevent a vote on House Bill 4, the GOP’s mid-decade redistricting proposal, which could net Republicans five additional congressional seats. Without two-thirds of House members present, the chamber cannot conduct official business. As of Tuesday, only 96 members were present—still four short of the required 100.
House Speaker Dustin Burrows (R-Lubbock) issued civil arrest warrants for all 57 absent Democrats, including Wu. While Texas law allows for the arrest of lawmakers to compel attendance during a call of the House, actual enforcement remains rare and legally contested.
Republican leaders have turned up the pressure. U.S. Senator John Cornyn (R-TX) called on the FBI to investigate the Democratic walkout, and former President Donald Trump, speaking Tuesday, added, “They may have to [get involved]. I know they want them back.”
Attorney General Ken Paxton backed Abbott’s move, stating Tuesday that if a quorum is not restored by Friday, his office will seek judicial orders to vacate the seats of other absent lawmakers.
Constitutional and Legal Questions Loom
Abbott’s aggressive legal maneuver raises untested constitutional questions. While quo warranto actions are typically brought by district attorneys or the attorney general, Abbott is bypassing that route and appealing directly to the state’s highest court, citing its broad authority over writs involving state officers.
Critics of the governor’s action say it stretches the law and undermines the principle of representative democracy. Legal experts note that while courts have found abandonment of office to be grounds for removal in some cases, they typically require more prolonged and deliberate absence—not a temporary walkout, however politically charged.
Wu responded on X (formerly Twitter), writing:
“I was elected by the people of HD 137, not Greg Abbott. The Constitution gives us the right—and sometimes the obligation—to walk out when democracy is being bulldozed. I won’t be bullied out of office.”
Looking Ahead
The Texas House is scheduled to attempt another quorum call at 9 a.m. Friday. If the court sides with Abbott before then and declares Wu’s seat vacant, it could trigger an immediate special election in southwest Houston—raising the stakes for lawmakers still out of state.
Even so, the broader implications could be sweeping: a successful petition could set a precedent for punishing legislators who break quorum, effectively discouraging a tactic that minority parties have used for generations.
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