I am not an authority on Texas law. But they are staying at one of the Hiltons here, so the story comes up in the news every so often, and I have been semi-following it since I used to live in Van de Pute's district when I was in San Antonio.
The local news says they are in New Mexico because they could, if in Texas, be compelled to show up at the Capitol. Apparently the Texas Rangers were sent into Oklahoma after them, but this is no longer an option available to Perry, whether because of a court decision or because New Mexico declines to play along I do not know. The governor here is a Democrat, but he is a machine Democrat. In my mind, the issue is less whether there is a law that says a legislator must attend a legislative seesion (don't know) but whether what they are doing is morally right (I think so). Andy Ousterhout writes: > Dana, > > Does that mean that what they are doing is illegal? > > Andy > > -----Original Message----- > From: Dana Tierney [mailto:[EMAIL PROTECTED] > Sent: Wednesday, August 27, 2003 5:23 PM > To: CF-Community > Subject: Re: Emergency: Democracy under attack in Texas > > > cant call in sick > > They can apparently be compelled to attend. But that authority stops at the > state line. > > Dana > > Kevin Graeme writes: > > > I heard on NPR that they fled to Oklahoma, and the Republicans sent the > > Texas Rangers after them. Then a judge (IMO correctly) ruled that the > Texas > > Rangers were supposed to be actually fighting crime instead of being used > > for political squabbles by one side against the other side. So now > > apparently, the Dems can just sit in their backyard grilling and call in > > sick and the Republicans can't do anything about it. > > > > Personally, the whole thing is messed up. From what I've read of the > > redistricting, it's a farce. On the other hand, it's crappy when elected > > officials don't go to work and face up to their job. But then on the > other, > > other hand they are doing their job by taking advantage of a political > > process. It's all enough to keep Molly Ivins busy till she dies. > > > > -Kevin > > > > ----- Original Message ----- > > From: "Doug White" <[EMAIL PROTECTED]> > > To: "CF-Community" <[EMAIL PROTECTED]> > > Sent: Thursday, August 21, 2003 7:47 PM > > Subject: Re: Emergency: Democracy under attack in Texas > > > > > > > Actually they are not hiding - they are absent from the Senate who, > > without them > > > cannot do business without a quorum. They are in an adjoining state, > > because > > > they would be subject to arrest if they were inside the state. As it is > > all the > > > state has been able to do is to cancel their reserved parking spaces at > > the > > > state capitol. > > > The called session is about over and they can come home, however the > > Governor > > > has said he will keep on calling special sessions for the redistricting > > purpose > > > BEFORE any other state business can be completed. > > > When he does that, the Democrats in the House will then go out of state > to > > cause > > > another lack of quorum. I predict this will continue right up to the > > > re-election campaign starts for dubya. > > > > > > Only a casual look at any of the proposed redistricting maps will > readily > > see > > > that it is intended to dis-enfranchise the rural and the Hispanic vote. > > > > > > The Governor is holding all legislative business hostage to the > > redistricting > > > issue which is being orchestrated out of Washington DC. > > > > > > Those who support the dirty tricks by the republicans who fear for their > > > re-election despite raising tons of special interest money for > campaigns, > > are > > > the same people who criticize Israel for defending itself and do not > > condemn the > > > Hamas and other Terrorists. > > > > > > ====================================== > > > Stop spam on your domain, use our gateway! > > > For hosting solutions http://www.clickdoug.com > > > ISP rated: http://www.forta.com/cf/isp/isp.cfm?isp_id=772 > > > Suggested corporate Anti-virus policy: > > http://www.dshield.org/antivirus.pdf > > > ====================================== > > > If you are not satisfied with my service, my job isn't done! > > > > > > ----- Original Message ----- > > > From: "Kevin Schmidt" <[EMAIL PROTECTED]> > > > To: "CF-Community" <[EMAIL PROTECTED]> > > > Sent: Thursday, August 21, 2003 6:33 PM > > > Subject: FW: Emergency: Democracy under attack in Texas > > > > > > > > > | "I know, it sounds more like a banana republic than the dignified > > democracy on > > > which we have long prided ourselves." > > > | > > > | Last time I checked, running and hiding wasn't Democracy either. The > > people > > > of Texas elected their officials. If they want to redistrict and > shatter > > a > > > "tradition" (not a law mind you) they can. If the Texas voters don't > like > > it, > > > then they can vote out the reps who made the changes. Even though I > don't > > like > > > the fact that Democrats in Congress are filibustering Bush judicial > > nominees, > > > they are operating within the confines of the law. It's up to the > voters > > to let > > > them know whether or not they agree. Just like in California, the laws > > are > > > being followed, just the same as in Texas. > > > | > > > | > > > | >I don't normally pass this stuff on, but I think this one deserves > some > > > | >attention. However I have to warn you that their donation page is > not > > > | >secure. I am currently getting information on how to donate via > PayPal > > and > > > | >will be glad to pass that on to those who want the information off > > list. > > > | > > > > | >Sandy > > > | > > > > | > From: Zack <mailto:[EMAIL PROTECTED]> Exley, MoveOn.org > > > | >To: > > > | >Sent: Wednesday, August 20, 2003 6:04 PM > > > | >Subject: Emergency: Democracy under attack in Texas > > > | > > > > | >Dear MoveOn member, > > > | > > > > | >Impeachment. The 2000 Election. The California Recall. The pattern is > > > | >becoming clear: there's a group of men in power who will do anything > to > > > | >consolidate that power, including undermining our democratic > > institutions. > > > | >We've got to fight back. In Texas, they are fighting back. And while > > the > > > | >world is focusing on the California mess, they are fighting alone. > They > > need > > > | >our help. > > > | > > > > | >A partisan plan pushed by Karl Rove and Tom Delay will redistrict up > to > > 7 > > > | >Democrats out of Congress. Right now, 11 Democratic State Senators > are > > > | >hiding across state lines -- with the Texas Governor calling for > their > > > | >arrest -- to prevent this illegitimate plan from being strong-armed > > into > > > | >law. They have put their reputations and careers on the line for all > of > > us. > > > | >A letter below from State Senator Rodney Ellis explains the situation > > in > > > | >detail. Please read it, and then please help us launch a hard-hitting > > ad > > > | >campaign to fight back in Texas. Whether you donate $5 or $5000, you > > will be > > > | >helping to hold accountable reckless leaders who think they can get > > away > > > | >with anything. Please contribute to this effort now: > > > | > > > > | >http://moveon.org/texasads > > > | ><http://moveon.org/texasads?id=1595-2240002-M3WjX6jzxSCzgvKUUyXKeA> > > > | > > > > | >The Texas special session that was called to gerrymander the Texas > > > | >congressional districts ends early next week, and the pressure is > > building. > > > | >These courageous leaders need to see real support now, or they won't > be > > able > > > | >to hold out. > > > | > > > > | >Our numbers our great enough now to fight back effectively against > > these > > > | >attacks on democracy. Please get even more people involved by > > forwarding > > > | >this email to everyone you think would like to help. > > > | > > > > | >Thanks, > > > | > > > > | >--Zack and Wes > > > | > MoveOn.org PAC > > > | > August 20th, 2003 > > > | > > > > | >Below is the letter from State Senator Rodney Ellis. > > > | >___________________ > > > | >August 18, 2003 > > > | > > > > | >Dear friends, > > > | > > > > | >I am writing to you from a hotel room in Albuquerque, New Mexico, > where > > I > > > | >and 10 of my colleagues in the Texas Senate have been forced to > reside > > for > > > | >the past 20 days. If we return to our homes, families, friends, and > > > | >constituents, the Governor of Texas will have us arrested. > > > | > > > > | >I know, it sounds more like a banana republic than the dignified > > democracy > > > | >on which we have long prided ourselves. We are effectively exiled > from > > the > > > | >state due to our unalterable opposition to a Republican effort -- > > pushed by > > > | >Tom Delay and Karl Rove, and led by Texas Governor Rick Perry -- that > > would > > > | >rewrite the map of Texas Congressional districts in order to elect at > > least > > > | >5 more Republicans to Congress. > > > | > > > > | >You may not have heard much about the current breakdown in Texas > > politics. > > > | >The Republican power play in California has obscured the Republican > > power > > > | >play in Texas that has forced my colleagues and me to leave the > state. > > > | > > > > | >Recognizing that public pressure is the only thing that can break the > > > | >current stalemate, our friends at MoveOn have offered to support our > > efforts > > > | >by sharing this email with you. In it, you will find: > > > | > > > > | >* Background information on how the situation in Texas developed; > > > | > > > > | >* Analysis of what's at stake for Democrats and the democratic > > > | >process; and > > > | > > > > | >* How you can help by contacting Texas politicians, signing our > > > | >petition, contributing funds, and forwarding this email! > > > | > > > > | >The Republican redistricting effort shatters the tradition of > > performing > > > | >redistricting only once a decade immediately after the Census -- > making > > > | >redistricting a perpetual partisan process. It elevates partisan > > politics > > > | >above minority voting rights, in contravention of the federal Voting > > Rights > > > | >Act. It intends to decimate the Democratic party in Texas, and lock > in > > a > > > | >Republican majority in the U.S. House of Representatives. And > > Republican > > > | >efforts to force a vote on this issue by changing the rules of > > legislative > > > | >procedure threaten to undermine the rule of law in Texas. > > > | > > > > | >We do not take lightly our decision to leave the state. It was the > only > > > | >means left to us under the rules of procedure in Texas to block this > > > | >injustice. We are fighting for our principles and beliefs, and we can > > win > > > | >this fight with your support. > > > | > > > > | >Sincerely, > > > | > > > > | >Rodney Ellis > > > | >Texas State Senator (Houston) > > > | > > > > | >Background > > > | > > > > | >During the 2001 session of the Texas Legislature, the legislature was > > unable > > > | >to pass a Congressional redistricting plan as it is required to do > > following > > > | >the decennial Census. A three judge federal panel was forced to draw > > the > > > | >plan. Neither Governor Rick Perry or then Attorney General John > Cornyn, > > both > > > | >Republicans, objected to the plan, which was reviewed and approved by > > the > > > | >U.S. Supreme Court. > > > | > > > > | >The 2002 Congressional elections, the first held under the new > > redistricting > > > | >plan, resulted in a Congressional delegation from Texas consisting of > > 17 > > > | >Democrats and 15 Republicans. However, five of the 17 Democrats > > prevailed > > > | >only because they were able to win the support of Republican and > > independent > > > | >voters. All statewide Republican candidates carried these five > > districts. > > > | >Most experts agree that the current plan has 20 strong or leaning > > Republican > > > | >districts and 12 Democratic districts. > > > | > > > > | >Meanwhile, the 2001 redistricting of Texas legislative seats (which > was > > > | >enacted by the Republican-controlled Legislative Redistricting Board, > > after > > > | >the legislature again gridlocked in its efforts) resulted in wide > > Republican > > > | >majorities in both the Texas House and Texas Senate. Now Tom Delay > has > > made > > > | >it his priority to force the Republican-controlled Legislature to > enact > > a > > > | >new redistricting plan to increase the number of Republican-leaning > > > | >Congressional districts. Republicans believe they can manipulate the > > > | >districts to elect as many as 22 Republicans out of the 32 member > Texas > > > | >Congressional delegation. They achieve this by packing minority > voters > > into > > > | >as few districts as possible and breaking apart rural districts so > that > > the > > > | >impact of independent voters will be reduced and suburban Republican > > voters > > > | >will dominate. > > > | > > > > | >During the regular session of the Texas Legislature, Democratic > members > > of > > > | >the Texas House of Representatives exercised an unprecedented > > parliamentary > > > | >move to prevent the House from passing Tom Delay's redistricting > plan. > > While > > > | >Democrats are in the minority of the House of Representatives, the > > state > > > | >constitution requires that at least 2/3 of the House be present for > the > > > | >House to pass a bill. Because it was clear that the Republicans would > > > | >entertain no debate and brook no compromise in their effort to > rewrite > > the > > > | >rules by which members of Congress are elected, the Democrats were > > forced to > > > | >break the quorum to prevent the bill from passing. Because the > > Republican > > > | >Speaker of the House and Governor called on state law enforcement > > officials > > > | >to physically compel the Democrats to return, the lawmakers removed > > > | >themselves to a Holiday Inn in Ardmore, Oklahoma -- outside the reach > > of > > > | >state troops(1). In there effort to apprehend the Democrats, Tom > Delay > > > | >officially sought the hel! p of the Department of Homeland Security, > > the > > > | >Department of Transportation and the Department of Justice. > > > | > > > > | >The House Democrats (nicknamed the "Killer D's", based on an earlier > > episode > > > | >in Texas history in which a group of Democratic state senators called > > the > > > | >"Killer Bees" broke the quorum in the Senate over a similarly > political > > > | >stalemate) succeeded in stopping Delay's redistricting plan during > the > > > | >regular session, returning to Texas after the legislative deadline > had > > > | >expired for the House to pass legislation. However, because the Texas > > > | >Legislature meets in regular session only every two years, the state > > > | >constitution gives the Governor the power to call a 30-day special > > > | >legislative session at any time between regular sessions. Despite > > statewide > > > | >protests from Texas citizens who oppose Tom Delay's redistricting > plan, > > the > > > | >Governor has called two special sessions(2) already this summer to > > attempt > > > | >to force the legislature to enact a new plan. > > > | > > > > | >The first called session expired in a deadlock, as 12 of 31 Texas > > > | >Senators(3) opposed the plan. Under Senate rules and tradition, a 2/3 > > vote > > > | >is required to consider any bill on the floor of the Senate, giving > 11 > > > | >Senators the power to block a vote(4). The Republican Governor and > > > | >Lieutenant Governor then determined they would do away with the 2/3 > > rule, > > > | >and called another special session, forcing 11 Democratic Senators to > > break > > > | >the quorum and leave the state.(5) These Senators have spent the past > > 22 > > > | >days in Albuquerque, New Mexico. > > > | > > > > | >The Governor has indicated he will continue calling special sessions > > until > > > | >the Republican redistricting plan is enacted, despite the fact that > the > > > | >Republican-controlled Texas Supreme Court recently rejected the > > Governor's > > > | >writ of mandamus filing to compel the Senators to return to the > Senate. > > > | >Meanwhile, eleven Democratic state senators are exiled from their > > state, > > > | >unable to be with their families, friends, and constituents, for fear > > of > > > | >being arrested as part of a partisan power play by Republicans. In > the > > most > > > | >recent indignity, Republican Senators voted to fine the absent > > Democrats up > > > | >to $5,000 per day, and to revoke parking and other privileges for > their > > > | >staffs as long as the Senators are away. > > > | > > > > | >What's at stake > > > | > > > > | >At stake, on the surface, is whether Tom Delay will succeed in > > exploiting > > > | >Republican control of the Texas Legislature to add to the Republican > > > | >majority in the United States Congress. But deeper issues are also at > > stake. > > > | > > > > | > > > > | >* If the Republicans succeed in redrawing the Texas Congressional > > > | >lines to guarantee the election of five to seven more Republicans, it > > will > > > | >ensure that Republicans hold the majority in the U.S. House of > > > | >Representatives for the entire decade and will likely result in Tom > > Delay > > > | >becoming Speaker of the House.(6) > > > | > > > > | >* The Republican advantage would be gained by removing many African > > > | >American and Hispanic voters from their current Congressional > districts > > and > > > | >"packing" them into a few districts that already have Democratic > > majorities. > > > | >The voting power of these minority voters would be dramatically > diluted > > by > > > | >the Republican plan, in contravention of the federal Voting Rights > Act. > > If > > > | >the Republicans succeed, over 1.4 million African American and > Hispanic > > > | >voters will be harmed. It would be the largest disenfranchisement of > > > | >minority voters since the Voting Rights Act was passed. > > > | > > > > | >* Redistricting exists for the purpose of reapportioning voters among > > > | >political districts to account for population shifts. The purpose of > > this > > > | >reapportionment is to ensure a roughly equal number of voters in each > > > | >district, to preserve the principle of "one man, one vote."(7) For > this > > > | >reason, redistricting has always been conducted immediately following > > the > > > | >U.S. Census' decennial population reports. Tom Delay now proposes a > new > > > | >redistricting plan two years after the Census report simply because > > > | >Republicans gained control over the Texas Legislature in 2002 and now > > have > > > | >the power to enact a much more Republican-friendly plan than the one > > drawn > > > | >by the federal courts two years ago. This is an unprecedented > approach > > to > > > | >redistricting, one that subordinates its original purpose of ensuring > > the > > > | >principle of "one man, one vote" to the purpose of perpetual partisan > > > | >politics. Redistricting, in this model, would never be a settled > > matter, and > > > | >districts would constantly be in fl! ux depending on the balance of > > > | >political power in the Legislature. > > > | > > > > | >* The Texas Legislature has traditionally been defined by a spirit of > > > | >bipartisanship and cooperation. This issue has polarized the > > legislature in > > > | >a way that threatens to destroy that tradition. The Republicans have > > > | >effectively exiled their Democratic counterparts in a power play that > > makes > > > | >our state look more like a banana republic than a dignified > democracy. > > The > > > | >arbitrary decision to discard the 2/3 rule in the Senate sets a > > precedent > > > | >that undermines that body's tradition of consensus and cooperation. > The > > > | >deployment of state law enforcement officials to apprehend boycotting > > > | >legislators erodes the separation of powers between the executive and > > > | >legislative branches of government, and diminishes legislators' > ability > > to > > > | >represent their constituents as they see fit. The unilateral > Republican > > > | >effort to penalize Democratic Senators and their staffs > > > | > > > > | >What is needed > > > | > > > > | >The Democratic Senators currently in Albuquerque have two critical > > needs. > > > | >The first is to generate increased public awareness of the situation. > > By all > > > | >reason, every day the Senators are out of the state this story should > > get > > > | >bigger. Instead, news media have gradually lost interest in the > story. > > The > > > | >California recall has dominated the attention of the national media, > > and the > > > | >Texas media has largely lost interest in the story -- out of sight, > out > > of > > > | >mind. Without public attention to this story, the Republicans have > all > > the > > > | >leverage -- if it does not cost them politically, it costs them > > nothing(8) > > > | >to continue calling special sessions until the Texas 11 are forced to > > come > > > | >home. > > > | > > > > | >The second critical need is funding. The cost of hotels, meeting > rooms, > > > | >staff support, and public relations efforts is mounting. In addition, > > the > > > | >Senators must defend themselves legally against Republican efforts to > > compel > > > | >their return, while also filing legal claims against the Republican > > power > > > | >play. The Senators are actively raising money for the Texas Senate > > > | >Democratic Caucus Fund to offset these costs and prepare themselves > for > > a > > > | >stay of indefinite duration in Albuquerque. > > > | > > > > | >Notes > > > | > > > > | >1. A recent Department of Justice investigation chronicled Republican > > > state > > > | >officials' illegal attempts to use federal resources -- including > > > | >anti-terrorism resources from the Department of Homeland Security -- > to > > > | >compel the Democratic lawmakers' return. See > > > | >http://www.washingtonpost.com/wp-dyn/articles/A51520-2003Aug12.html > for > > a > > > | >news report on the Justice Department investigation, or > > > | >http://www.usdoj.gov/oig/special/03-08a/final.pdf for a copy of the > > complete > > > | >Justice Department report. > > > | >2. At a cost to taxpayers of over $1.5 million per session. > > > | >3. House Republicans passed a redistricting bill in the special > session > > > | >despite an outpouring of public opposition in hearings across the > > state. All > > > | >12 Democratic state senators opposed the plan, along with Republican > > state > > > | >senator (and former Lieutenant Governor) Bill Ratliff. > > > | >4. The "2/3 rule" requires the Senate to reach broader consensus on > > > | >difficult issues than a simple majority vote. It is a combination of > > > | >official Senate rules and tradition. The rules of the Senate require > a > > 2/3 > > > | >vote to suspend the "regular order of business" to consider a bill > that > > is > > > | >not the first bill on the Senate calendar. By tradition, the Senate > has > > > | >always placed a "blocker bill" at the top of the Senate calendar, so > > that > > > | >every bill requires a suspension of the regular order of business to > be > > > | >considered. The process requires compromise and consensus to achieve > a > > 2/3 > > > | >majority on each bill. One Texas insider has said that the 2/3 rule > is > > "what > > > | >separates us from animals." > > > | >5. In fact, the Governor and Lt. Governor attempted to "surprise" the > > > | >Senators by calling the second special one day early and "trap" them > in > > the > > > | >Senate Chamber. The Senators were able to escape the Capitol with > > literally > > > | >minutes to spare. > > > | >6. Republican party activist Grover Norquist, head of the Washington > > > | >D.C.-based Americans for Tax Reform, was quoted as follows in the > > August 17 > > > | >Fort Worth Star Telegram: "Republicans will hold the House for the > next > > > | >decade through 2012 if Texas redistricts.It depresses the hell out of > > the > > > | >Democrats and makes it doubly impossible to take the House and > probably > > > | >depresses their fund raising.Anything that helps strengthen the > > Republican > > > | >leadership helps DeLay become speaker someday if he wants it." > > > | >7. Established in the landmark case Baker v. Carr, 369 U.S. 186 > (1962) > > > | >8. Notwithstanding the millions of dollars it is costing taxpayers. > > > | > > > > | > > > > | > > > > | > > > > | > > > > > > > ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~| Archives: http://www.houseoffusion.com/lists.cfm?link=t:5 Subscription: http://www.houseoffusion.com/lists.cfm?link=s:5 Unsubscribe: http://www.houseoffusion.com/cf_lists/unsubscribe.cfm?user=89.70.5 Get the mailserver that powers this list at http://www.coolfusion.com
