Posted on 08/01/2003 8:26:56 AM PDT by Dog Gone
With the political rhetoric already getting stale, the battle between the quorum-busting Democrats and the redistricting Republicans has settled into an across-the-border game of strategy that will ultimately be decided by the clock, the courts and the stamina of the players.
On one side, the 11 Senate Democrats holed up in New Mexico say they'll stay away from the Capitol until Lt. Gov. David Dewhurst changes the Senate rules or Gov. Rick Perry drops congressional redistricting from the Legislature's agenda.
Their salvation could lie in a lawsuit to be filed as early as today challenging the Senate's power to arrest members and force them back to the Capitol. If it goes their way, the Democrats could come home without having to show up for work.
But on this side of the border, Republicans are prepared to wait out the Democrats and even tweak state law to buy some more time for themselves. And they've made it clear that the rules will stay the same and that redistricting will stay on the table — indefinitely, if needed.
"You leave off redistricting and then there's something else they don't like and they leave on that. That's like negotiating for hostages," Perry said Thursday. "There were hundreds of thousands, millions of people who went to work this morning, and they expect their legislators to be at work also."
In his first public comments since the Senate Democrats fled to New Mexico, Perry also hinted that he might call a third special legislative session on congressional redistricting if this one expires Aug. 26 without a new map.
The latest round of strategizing began Monday when 11 of the Senate's 12 Democrats flew to Albuquerque. The flight kept their chamber from having the quorum, or two-thirds of the Senate, needed to replace the state's congressional map with a GOP-friendly version that Republicans say better reflects Texas' voting patterns.
A quorum break appeared to be the last hope to kill the issue once Dewhurst announced that a majority of the 31 senators — instead of the usual two-thirds — could sign off on a new map.
By crossing state lines and evading arrest by Texas officials, the senators followed the lead of the 51 House Democrats who fled to a Holiday Inn in Ardmore, Okla., to kill congressional redistricting in their chamber in May.
But the House members never had to come up with a long-term plan. They left the state on a Sunday night and had to stay away only until midnight Friday, when an internal House rule killed the bill.
Their Senate colleagues have to stay away for the entire 30-day special session if they want to keep redistricting at bay.
"We hope that the governor understands we're firm in our commitment and decides that redistricting is not in the best interest of Republicans. It's not in the best interest of Democrats, and it puts cynicism into all voters in the state," Sen. Leticia Van de Putte of San Antonio said Thursday from the senators' home base at an Albuquerque Marriott hotel, where the Texas media have already begun to pack up.
But just in case their own personal resolve isn't enough, the Democrats may be looking to the courts for help.
The Senate members won't comment on their plan, but Austin lawyer Keith Hampton, who is allied with them, said a legal strategy is still evolving.
One possibility, he said, would be to seek a restraining order or injunction prohibiting the sergeants-at-arms of both the Senate and House from trying to round up absent legislators.
The legal argument, Hampton said, might be that compelling elected officials to attend the special session violates their right to independent political expression.
Dewhurst (who has ruled out using force to get his senators back) lashed out Monday at reports that the Democrats are looking for a federal judge willing to grant a restraining order, saying it "is beneath the dignity of the Texas Senate."
And that strategy may not play well with voters, said veteran political consultant and lobbyist Chuck McDonald.
Being allowed to come back to Texas "would be important for them from a financial standpoint, so they can move out of a hotel room," he said. "But from a public relations point of view, it would be disastrous to go to court to get a judge to give you an excuse slip so you don't have to show up to work."
If they can't get help from the courts, the Democrats may still be helped by the ticking clock.
Congressional candidates must file for the March primary by early January. That means any legal challenges to the new districts must be wrapped up by then. And that means the maps will have to be finalized by early fall to provide enough time for the courts to review them.
So if the Democrats are willing to run out the clock and stay put for a couple more months, they might win by default.
But Republicans already have a counterstrategy.
Rep. Phil King, R-Weather- ford, filed a bill Thursday that would push back the state's filing deadline as needed and buy more time to stave off court challenges.
In the meantime, the GOP is trying to shame the Democrats into returning by accusing them of missing work and holding up other pieces of legislation.
And Perry also made it clear that he may test the Democrats' resolve as soon as the current session ends.
"No one's going to turn into a pumpkin between now and the end of August. So at that particular time, if the work of the State of Texas has been done, I would expect everyone can go home on a Labor Day vacation," Perry said. "If not, we may be back here continuing to work on the issues that are important to the state."
The governor may call an indefinite number of special sessions of up to 30 days for specific subjects.
McDonald suggested that both sides' strategies make sense politically.
"When you look at the state as a whole, they're going to vote 60 percent Republican, so for the Republican governor who has to run statewide to take this hard line, that's a winning decision," he said. "When . . . Senator Gonzalo Barrientos (D-Austin) comes from a Senate district that votes 70 percent Democrat, it's a winning decision for him to stay in New Mexico."
And that means more of the same, McDonald said:
"The most likely outcome is no outcome, no movement on either side."
Or declare them to no long be eligible for their office because they no longer reside in the district to which they were elected and open up their seats for a special election.If any Senator or Representative remove his residence from the district or county for which he was elected, his office shall thereby become vacant, and the vacancy shall be filled as provided in section 13 of this article. The Texas Constitution
Article 3 - LEGISLATIVE DEPARTMENT
Section 23 - REMOVAL FROM DISTRICT OR COUNTY FROM WHICH ELECTED
If they convince a judge to do this, it will be overturned on appeal, and the judge should be impeached.
AUSTIN AMERICAN-STATESMAN
Friday, August 1, 2003
REDISTRICTING TEXAS' CONGRESSIONAL DISTRICTS AND THE SENATE DEMOCRATS' BOYCOTT
Proud of one who stayed
I am very proud of my state Democratic senator. No, my senator from the district just south of Austin did not shirk his elected duty and skip off to New Mexico. He did the honorable thing and stayed to do the job that he was elected to do. Sen. Ken Armbrister stayed in Austin to do the state's business.
Like most Texans, especially rural Texans, I consider myself to be a conservative first, Republican or Democrat second, and I will support those who represent my conservative views. Doing one's job, no matter how tough it might be, may seem old-fashioned and conservative, but it still wins my vote. Thanks to Armbrister for honorably representing my district.
JON SUCH
Gonzales
Spreading cynicism
Thanks to his obsession with the redistricting, Gov. Rick Perry has succeeded in promoting widespread cynicism among the Texas electorate, and for good reason. Drawing congressional lines to ensure outcomes of elections is wrong. If one can't help but being results-driven, wouldn't it be better to seek competition rather than enthronement?
CHRIS BRAMMER
Austin
Juvenile actions
Doesn't what the 11 Texas Senate Democrats are doing seem juvenile? By hiding out in Albuquerque, N.M., to avoid a vote on congressional redistricting, these public servants are not "serving" the citizens of Texas.
They were voted into office to honestly debate the issues, not to run away when they think things aren't going their way. Understanding that there is some precedent here, it's ridiculous and something that should not be allowed.
Can the rest of us, when we don't like they way things are going, just take a month vacation? Heck no. This is just one more example of politicians acting as if they do not have to be responsible to their constituents.
All of us should remember this incident in the next election. These 11 senators should be held accountable for this immature and shameful tactic.
CASEY PHOENIX
Harker Heights
Democratic heroes
State Sen. Gonzalo Barrientos, D-Austin, along with the other 10 senators who are boycotting the special session are my heroes for leaving the state to prevent Gov. Rick Perry's relentless pursuit of redistricting Texas, which would eliminate my Democratic representation in Washington.
I am astounded that the governor is determined to bully us into redistricting, even when the majority of Texans don't want it and never called for it. I have never seen a governor waste so much taxpayer money while grossly ignoring the real problems of the people of Texas.
I applaud Barrientos and the other Democrats who are in New Mexico with him.
SUSAN CHELF
Austin
Democrats who left
Once again, certain Democratic lawmakers have decided to leave Texas. I applaud them. I just wish they wouldn't come back.
I remember when I used to believe in the Democratic Party. I voted for and worked for Democratic candidates. Then, in the 1980s, the party left me by continually moving to the left.
Now the Democrats are acting like spoiled children who cannot have their way. I am only one of millions of Texans who did not leave the party, but as exemplified by the recent actions of the Democratic lawmakers, feel that the Democratic leadership left me.
Democratic "leaders" shouldn't be be fooled by the representation at the redistricting hearings. Those of us who want redistricting were busy making a living and tending to our families. But when the time comes, we will vote, just like we did in recent elections. Only, with redistricting complete, our votes will no longer be diluted by the past gerrymandering of failed Democratic leadership.
JOHN H. BOUWMAN
Fredericksburg
Restoring Texas pride
The recent heroics of our state Democratic senators in defeating U.S. House Majority Leader Tom DeLay's efforts to gerrymander this state have restored my pride in both Texas and the Democratic Party. Finally, we have a group of dedicated politicians who are willing to put their careers -- and in Sen. Eddie Lucio's case, their health -- on the line to defend Texans' rights.
It has become clear that Republicans will stop at nothing to destroy or discredit their opponents. Whether it's a recall election (California), preventing the counting of votes (Florida) or illegitimate redistricting measures (Colorado and Texas), they will use whatever weapon necessary. The option Democrats have today is to fight back just as hard.
JOSEPH BOGEN
Austin
Running away from work
Here we go again. More state legislators missing in action. I do not believe the state senators who fled to New Mexico were elected to conduct state business in this manner.
All of our senators and representatives should stand up for what they believe is right and represent the people who elected them by facing issues head-on, with intelligence, preparation and integrity. How much state money has been wasted because the legislators shut down the House or the Senate during this time of a state budget crunch.
I am thankful that our brave soldiers in the military do not fight their battles by running away.
JUDITH POWELL
Austin
Sad state in Texas
I think it's a sad state of affairs when we live in a state where the priority is on getting more seats for a political party, and ads are running asking people to donate money so children can have paper and pencils for school.
How many programs must suffer because of the arrogance of our elected officials? Is this government for the people?
PAT FORD
Austin
pattipie7@hotmail.com
Democrats out of touch
I am not a Republican, Democrat, Libertarian or Independent. After much study, I vote for the best candidate. But I have to say something. The Democratic Party is out of control and out of touch.
In Texas, the Democrats have elected to run to other states rather than to perform the duties they were elected to do, paid to do and trusted to perform. They have embarrassed themselves and Texas.
When the Democrats were in power and gerrymandered the state, the Republicans stood and took it like responsible adults. Now that the power has shifted, based on the will of the people, the Democrats don't have the guts, integrity or maturity to accept it.
I say we, the people of Texas, should have the Democrats arrested and fined. They should forfeit their pay for a job not being performed. Or, a better idea would be to have a recall election replace the Democrats with responsible, mature adults.
JIM WRIGHT
Fort Worth
Won't pay for politics
I wonder: If the budget is as bad as we have been told, and there is no money to pay for programs to help people in need, then just who is paying for these two special sessions of the Legislature that were called solely for congressional redistricting to add Republican seats?
These sessions are not to look at the budget again, or anything else that really matters. Where's the money coming from? As a taxpayer, I call a halt to spending my money on redistricting. My money should not be used to finance these sessions. I think the Republican Party should pay for these two unnecessary special sessions.
BETTY A. BURRIS
Round Rock
baburris@yahoo.com
It's time to fire them
All state House and Senate Democrats in who participated in these "hold my breath until I turn blue" tantrums over the congressional redistricting issue should be removed from office for dereliction of duty.
We elected these men and women to fight for us in the Capitol, not from a hotel room in another state.
Gov. Rick Perry should have them all removed from office and call a special election undertaken to replace them.
We, as private citizens, cannot run and hide from our jobs, even on the days we don't like what we're told to do by our bosses. Our elected officials, who were "hired" by us, should be fired by us because they are obviously not up to the task of representing their constituents.
DAVID M. POFF
Paige
What's important?
Isn't school financing more important to the people of Texas than congressional redistricting?
RICK McMASTER
Austin
Intentianally avoiding a quorum is, according to Texas law.
Article 3 - LEGISLATIVE DEPARTMENT
Section 10 - QUORUM; ADJOURNMENTS FROM DAY TO DAY; COMPELLING ATTENDANCE
Two-thirds of each House shall constitute a quorum to do business, but a smaller number may adjourn from day to day, and compel the attendance of absent members, in such manner and under such penalties as each House may provide.
This was put into the Constitution to allow the Houses to prevent the kind of crap the Rats are pulling. Also, place a $1000 per day fine against the absentee Rats.
So who's paying the bill for 11 Dems x 30 days staying at a hotel? You don't suppose it's the TX taxpayer, do you?
Let's say these people of the people live modestly and get a good group rate of $50/day (yeah, right!). That's $1500 x 11 = $16,500.
We obviously don't work for the same boss.
But, courage and a willingness to follow the rules of a democratic sustem of government have never really been a strong suit of the ill named "democratic party". These cowards are despicable and in the long run their tactics will only make their party's position in Texas even less tenable than it is now.
August 1, 2003 10:08 AM DISPATCH FROM NEW MEXICO Racist phone calls and questions about cost of New Mexico police Senate Democrats said they are being bombarded with obscene and racist phone calls, both at the Marriott hotel in Albuquerque and their district offices. At a press conference at the University of New Mexico, Senate Democratic Caucus Chairwoman Leticia Van de Putte (D-San Antonio) said her Capitol office had taken around 30 "disgusting" calls this morning, most of them including racial slurs. "These racial slurs are clearly meant to intimidate us, our staff and our families," Van de Putte said. "When the governor calls special session after special session, it adds to the flame to those who would wish to bring up these racial slurs." The rest of the story, subscribers only ã Copyright August 1, 2003 by Harvey Kronberg, www.quorumreport.com, All rights are reserved
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.