Richard Michael Pruitt / DMN
The exiled Democrats watch an Internet broadcast of their GOP colleagues voting to levy thousands in fines against them if they don't return to the special session on redistricting.
GOP senators aim for walletsRepublicans vote to fine 11 rebel Democrats, who vow not to pay
09:52 PM CDT on Tuesday, August 12, 2003
In an unprecedented show of force by the Republican majority, GOP senators voted Tuesday to fine their Democratic colleagues thousands of dollars unless they end their two-week boycott of the special session.
The 11 Democrats holding out at a hotel in Albuquerque, N.M., vowed they would never pay the fines, calling them illegal and comparing them to the poll tax that once was levied to discourage minorities from voting. Nine of the 11 senators are either black or Hispanic.
The new outbreak of political warfare was triggered by efforts to redraw congressional districts in Texas to increase Republican representation.
After a spirited 3 ½-hour closed-door meeting of the Republicans and the only Democrat who didn't join the walkout – Ken Armbrister of Victoria – Lt. Gov. David Dewhurst and the GOP senators filed into the Senate chamber and quickly approved the motion to punish the absent Democrats.
Mr. Armbrister registered a "no" vote on the resolution, and Republican Sen. Bill Ratliff of Mount Pleasant, who opposed the fines during the closed session, left the Senate chamber before the vote.
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(from the Texas Legislative Council)More Politics "I'm not going to be a part of this," said Mr. Ratliff, who served as lieutenant governor until January. Other Republicans not present were Chris Harris of Arlington and John Carona of Dallas – although Mr. Carona sent a letter expressing support for the motion.
Democrats will have 48 hours to come back to the Capitol. The fines start at $1,000 per senator on Thursday, increase to $2,000 on Friday, $4,000 on Saturday and then $5,000 per day until the end of the special session on Aug. 26. That would amount to $57,000 per senator by session's conclusion.
Sen. Jane Nelson, R-Lewisville, offered the resolution to impose the penalties, stating that the fines must be paid out of each senator's personal funds.
As justification for the action, Ms. Nelson cited a constitutional provision that says less than a quorum of the Senate may "compel the attendance of absent members, in such manner and under such penalties as each House may provide." She also cited a Senate rule that she said gives the senators the power to take action against senators who are repeatedly absent.
"We want our colleagues back so that we can take up these issues before us and get on with our lives," Mr. Dewhurst said. "We believe they will come back. They will pay their fines."
Asked how the Republicans plan to enforce the fines on balking Democrats, Mr. Dewhurst said the sanctions would be decided this week. Under consideration are actions to cut the office budgets of each senator and to temporarily revoke the right to be on the Senate floor when the body is in session.
Senate officials said the decision by a majority of senators to levy fines against the minority appears to be unprecedented.
"We feel that fines are the most reasonable means of compelling them to come back," Ms. Nelson said. "We need to bring these senators back, vote on a redistricting bill and then move on."
Mr. Dewhurst insisted the maneuver does not represent a new stage in the battle between the two camps over redistricting.
"This is not an escalation in any form or shape," he said. "These 11 senators are engaged in breaking the Texas Constitution ... we are not going to be held hostage to any 11 members."
The 11 senators have deprived the chamber of a quorum and prevented the Senate from taking action on legislation. A quorum requires that at least 21 of the 31 senators be present.
In Albuquerque, the Democrats warned that punishing them with fines or other sanctions would be illegal and leave lasting scars on a body cloaked in tradition.
"It's unheard of, there's no history for it, and I think it would violate a very serious tradition of respecting the other senators' right to represent his or her district," said John Whitmire of Houston, the longest serving member of the Senate.
The senators vowed to ignore the sanctions and hinted they would challenge them in court.
"My daddy turned 82 years old while I was here," said Sen. Rodney Ellis of Houston. "He had to pay a poll tax to vote. I won't pay a poll tax.
"So if they levy me, I will not pay it."
Sen. Royce West of Dallas said that while the constitution allows the House and Senate to sanction absent members, the Senate has no such rules. And to write a rule would require a quorum, he added.
"Your quorum is here," he said.
Addressing Mr. Dewhurst, Sen. Leticia Van de Putte of San Antonio, chairwoman of the Senate Democratic Caucus, said sanctions would "damage the Texas Legislature for generations to come."
"Your efforts to force those senators still in Austin to levy fines against us to prevent the defense of 1.4 million minority voters is another hostile act of invidious discrimination," she said.
There were also questions about the Republicans debating their actions in closed session. Mr. Dewhurst and Ms. Nelson produced a letter from Republican Attorney General Greg Abbott supporting the authority of the GOP senators to take action against the 11 Democrats.
"The senators have no constitutional right to break a quorum," Mr. Dewhurst insisted.
The lieutenant governor also termed the Democrats' comparison of the fines to a poll tax as "partisan spin."
Terrence Stutz reported from Austin and George Kuempel from Albuquerque, N.M.
E-mail tstutz@dallasnews.com
Online at: http://www.dallasnews.com/latestnews/stories/081303dntexredist.3d03e.html
