Texas Democrats Sue Greg Abbott as Second Special Legislative Session Set to Convene

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A group of 22 Democratic lawmakers from the Texas State House filed a lawsuit on Friday against Governor Greg Abbott, a Republican, as well as two other Republican lawmakers in the state—alleging that they violated their civil rights after they fled the state in an effort to prevent controversial voting legislation from passing.

More than 50 of Texas' Democratic state representatives left the southwestern state for Washington, D.C. in early July to prevent the State House from having quorum, so it could not pass contentious legislation that they say will severely restrict access to voting. Abbott has threatened to arrest the Democratic lawmakers.

The Democratic lawmakers' new lawsuit was filed on the final day of a special legislative session called by Abbott in a bid to push through the voting bill. In addition to the governor, they sued State House Speaker Dade Phelan and State Representative James White—who are both Republicans, The Texas Tribune first reported. The lawsuit alleged that the Republicans' efforts to force them to return to Texas infringed on their constitutional rights to free speech and to petition the government for redress of grievances.

Greg Abbott
22 Texas State House Democrats on Friday filed a lawsuit against Governor Greg Abbott, a Republican, alleging that he violated their civil rights by attempting to force them to return to the state. In this... Tamir Kalifa/Getty Images

A second special legislative session commences on Saturday. But with most State House Democrats out of the state, the legislative body will likely remain immobilized for the time being.

In the lawsuit, the Democrats allege that they were "deprived of liberty for substantial periods of time, suffered much anxiety and distress over separation from their families, and much discomfort and embarrassment" due to the Republican leaders' actions. However, the lawsuit does not provide many specifics of how the Democratic lawmakers were harmed. It calls for just $5 in actual damages, as well as $10 in punitive damages.

Newsweek reached out to Abbott and Phelan for comment, but did not immediately receive responses.

The GOP-backed Texas voting bill would significantly empower partisan poll watchers in the state, ban the use of ballot drop boxes for mail-in ballots, block drive-thru voting as well as 24-hour voting sites, and forbid local election officials from mailing out absentee ballot applications to all eligible voters. GOP lawmakers also aim to tighten restrictions on mail-in voting.

"Today, Texas House Democrats stand united in our decision to break quorum and refuse to let the Republican-led legislature force through dangerous legislation that would trample on Texans' freedom to vote," Democratic leaders said in a joint July statement after they fled the state.

Similar voting legislation has been proposed and passed in multiple states across the country in the wake of former President Donald Trump's loss in the 2020 election. Republicans contend that the legislation is necessary to secure elections, but multiple studies and analyses have consistently shown that voter fraud is incredibly rare in U.S. elections. The effort has largely been animated by Trump's false claims that the 2020 election was rife with widespread fraud.

Although Trump and many GOP supporters continue to claim that President Joe Biden "rigged" or "stole" the election, they have not brought forward evidence that corroborates this claim. Dozens of election challenge lawsuits filed in state and federal courts by the former president and his allies have failed. Even judges appointed by Trump and other Republicans have rejected the allegations.

Former U.S. Attorney General William Barr, who was widely viewed as one of Trump's most loyal Cabinet members, said in December that there was "no evidence" to support the claims of widespread fraud. The Cybersecurity and Infrastructure Security Agency at the Department of Homeland Security also said after the election that it was the "most secure in American history." The agency, which was led by a Trump appointee at the time, asserted that there was "no evidence that any voting system deleted or lost votes, changed votes, or was in any way compromised."

About the writer

Jason Lemon is a Senior Politics Editor at Newsweek based in Brooklyn, New York. Prior to taking on the editor role, Jason's reporting focused on U.S. politics and international affairs. He joined Newsweek in 2018, and had previously worked as an editor at a Middle Eastern media startup called StepFeed. He also worked a year as a contributor to The Atlanta Journal-Constitution and has bylines in The Christian Science Monitor, The Palm Beach Post, Al Fanar Media and A Magazine. He is a graduate of the American University of Beirut in Lebanon and Andrews University in Michigan. You can get in touch with Jason by emailing j.lemon@newsweek.com. Languages: English, Spanish, French and Levantine Arabic


Jason Lemon is a Senior Politics Editor at Newsweek based in Brooklyn, New York. Prior to taking on the editor role, Jason's reporting focused ... Read more