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MoveOn.Org Supporting the Texas Chicken D's - Letter from Senator Rodney Ellis
MoveOn.Org ^ | August 18, 2003 | Senator Rodney Ellis

Posted on 08/21/2003 12:11:11 PM PDT by MeekOneGOP

Contribute to MoveOn.org's "Defend Democracy" Campaign

The following is a letter by Texas State Senator Rodney Ellis written from "exile" in New Mexico. Below the letter is complete background information on the situation.


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:

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 help 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.

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.



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TOPICS: News/Current Events; Politics/Elections; US: New Mexico; US: Texas
KEYWORDS: chickends; democrats; newmexico; redistricting; republicans; texas
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To: mhking
Forget the pandering... In the state of Texas, are there more registered Democrats or are there more Registered Republicans?

Also, during the last time that the lines were redrawn in the state of Texas, did the Democrats redraw the lines to increase their advantage by six seats? The problem the Republicans in Texas have to deal with is perception... You and I know about gerrymandering... Are the Republicans taking it a little too far... If the numbers support them, then they are going to get those seats eventually... I know that politics is not supposed to be fair but to an outside observer, this does look like a power grab...

I do not condone the democrats behavior but how did they get so desperate? Also, I was thinking about 94 when I think the Democrats lost 58 seats (I think even Tom Foley lost his seat), most people considered that a stand-up fight because there was a backlash for Hillary going too far to the left...

There is a dangerous perception going around that Republicans are not winning fair and square... I know that a dirty win is still a win but with this, the Recall in California, the Impeachment, Florida in 2000, the Bush Administration putting up divisive nominees for the judiciary, the attempted circumvention of the California Coastal Commission so that offshore drilling can proceed, the WMD issue in Iraq(though I am also glad Saddam is gone).... We need to be careful... President Bush said something I still remember and I think it is where he cleaned Al Gore's Clock... We are not only going to do what is legal... We are going to do what is right... These constant questions of unfairness are going to come back and bite us hard if we do not do a better job of educating the public on why and how we are proceeding...
81 posted on 08/22/2003 8:04:36 AM PDT by dwd1 (M. h. D. (Master of Hate and Discontent))
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To: mhking
At one point it was putting minorties in white
majority districts was diluting their voting
power and now it is putting them in majority minorty
districts is diluting their power.

I guess the bottom line is that unless liberal
Democrats draw the line you dilute minorty voting
power.
82 posted on 08/22/2003 8:09:03 AM PDT by Princeliberty
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To: dwd1
I do not condone the democrats behavior but how did they get so desperate? Also, I was thinking about 94 when I think the Democrats lost 58 seats (I think even Tom Foley lost his seat), most people considered that a stand-up fight because there was a backlash for Hillary going too far to the left...

They truly believe that we are about to create a revolution across America that will show them for what they are. If you corner any wild animal, it will strike out, the more desperate the percieved situation, the more desperate the lashing-out becomes.

They're in desperation mode.

And this will pave the way for Lady Bubba to come in and smile, dripping venom from her fangs, with the promise to save the party and the country from those "EEEEEEEEEeeeevil" Republicans.

Ellis actually tips his hand in his original piece when he insists that the Texas redistricting would ensure a GOP majority in the US House. He's acting on orders from on-high. He'd never go as far as to leave the state, let alone a second time, on his own.

83 posted on 08/22/2003 8:11:57 AM PDT by mhking
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To: Princeliberty
I guess the bottom line is that unless liberal Democrats draw the line you dilute minorty voting power.

Exactly. They want to set the rules. When the rule-making is placed in more sane hands, they get shown up for the shysters and predators that they are.

84 posted on 08/22/2003 8:13:03 AM PDT by mhking
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To: mhking
As I said before... If the redistricting is perceived as being fair, there should be no problem... But if it comes out that Tom DeLay has been looking at a map of Texas and saying, "we can get six seats by drawing the lines here, here, here, and here", there is going to be a problem... I really think educating the public on why and how the lines are being redrawn will get most reasonable people to accept the change... Another question... Are the Republicans going to lose any seats based on the redrawn lines? One of the things that would probably put a lot of people's minds at ease is knowing that the Republicans are not going to take "unfair" advantage when they are in power... Fair advantage is OK... Committee chairmanships, federal judges, the supreme court appointments, political patronage (tax cuts, military spending, a few choice cuts for the energy industry) but we can't be perceived as being unfair...

Otherwise, you may that filibusters, chicken runs, and gridlock are going to keep us from truly getting to our goals...
85 posted on 08/22/2003 8:23:57 AM PDT by dwd1 (M. h. D. (Master of Hate and Discontent))
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To: dwd1
If the redistricting is perceived as being fair, there should be no problem...

You'd think there wouldn't be. But the bottom line is that the Dems want to set the rules. The Dems want to draw the lines to their advantage, or ensure that whoever else draws them does so to their advantage. They don't care about fairness. They care about regaining the House by whatever means necessary.

86 posted on 08/22/2003 8:27:24 AM PDT by mhking
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To: mhking
the really interesting thing here is that the DIMocRATS were the ones who gerrymanderd the districts in the first place.

certain people are so naive/ignorant/dumb that they don't either know or care about the truth, thus the DIMs get away with their SELF-SERVING LIES!

this LIE is an excellent example.

free the southland,sw

87 posted on 08/22/2003 8:35:41 AM PDT by stand watie (Resistence to tyrants is obedience to God. -Thomas Jefferson)
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To: mhking
You have to admit that a six seat shift (say that three times fast) does raise questions... My, I am a numbers guy. A majority republican Texas Delegation is not anything to worry about but if you have a Texas, California, Florida, and New York Governor being perceived as gerrymandering unfairly, we have to do something to show people that Republicans are not unfair or abusive when in power...

If the numbers make the case for the Republicans in Texas, they should be out front making the case... Right now, I am concerned because I am hearing from refugees in New Mexico instead of hearing defensible facts from the ones who are in Texas trying to get something done...
88 posted on 08/22/2003 8:36:39 AM PDT by dwd1 (M. h. D. (Master of Hate and Discontent))
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To: dwd1
we have to do something to show people that Republicans are not unfair or abusive when in power...

We've been bending over backwards nationally to show that we're fair. The "distinguished opposition" [/sarcasm] would rather sling mud.

You need look no further than Hillary!™ herself. The lights were barely out, and she was on television and radio with whoever would give her unfettered airtime to slam the Administration and blame them for turning the population of the Northeast into Amish folk for a night.

The Smurfs are still jockeying for position to be frontrunners in a race that they ACTUALLY think they can win. Heck, Ketchup Boy is gonna give a speech next weekend from the deck of a warship docked in Charleston Harbor as a dig to the President for heaven's sake!

They're anything but fair.

89 posted on 08/22/2003 8:43:37 AM PDT by mhking
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To: mhking
On Hillary, I agree with you 1000%.

I think the compassionate and moderate conservatives (soccer moms, etc) are in need of what you just said... Understanding that things take time but I don't know if the compassionate conservative agenda has been given enough attention... More has been given to the far right... We can't solve every problem with a tax cut and we can not blame everything on 9/11...

As I said before, we need something to tell the swing voters and we need to keep them well informed because if we lose them, we are in deep kimshi...

Thanks for the discussion... Have to go pay some bills....
90 posted on 08/22/2003 8:58:11 AM PDT by dwd1 (M. h. D. (Master of Hate and Discontent))
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To: stand watie
This is what I was asking about... Do you have any info on what gerrymandering may have been done 10, 20, 30 years ago that gave the Democrats an unfair advantage... If this is true, then the Republicans have earned those seats back fair and square... I am a Basketball fan and I have the greatest respect for those teams that can win on the road in an adverse environment... If the Republicans have won back congressional seats in a heavily registered Democratic District because of their ability to convince the electorate that the conservative agenda is the best course,(and there are numbers to support this), then I think the perception problems I have been discussing will go away....
91 posted on 08/22/2003 9:03:43 AM PDT by dwd1 (M. h. D. (Master of Hate and Discontent))
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To: mhking
They're anything but fair.

Correct. But I would rather be fair then be a member of the other side. I know it feels like it hurts us sometimes but there is no other way.

Gum

92 posted on 08/22/2003 9:08:03 AM PDT by ChewedGum ( http://king-of-fools.blogspot.com)
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To: dwd1
frankly, i'm not sure how to answer your question.

the DIMocRATS in 1980 "packed blacks & poor latinos" into UN-compact districts to "assure that minority members would win elections". what REALLY happened (AND what was really intended!) was that WHITE, LIBERAL men got those safe seats.

what the GOP majority is trying to do is to repair the mess the DIMs made in 1980 & messed up even worse in 1990 & 2000.

now that DIMs like Martin Frost may be DEFEATED, suddenly the GOP is cast by the LIBs/DIMs as being "anti-minority".

free the southland,sw

93 posted on 08/22/2003 9:13:56 AM PDT by stand watie (Resistence to tyrants is obedience to God. -Thomas Jefferson)
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To: MeeknMing
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.

Aha! "Forced"! It's a hostage situation!! Send in the Special Forces to liberate this hostage and return him to Texas!!!

94 posted on 08/22/2003 11:35:52 AM PDT by Stultis
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To: dwd1
I see you're new to FR. We're so glad you found us and we're honored to have you with us. I personally appreciate your view point regarding the fairness. Being a CAlifornian also, (I'm dual citizenship) did you know that your state did a massive redistricting more than once and eliminated many of the Republican districts. At this moment I doubt that CA fairly represents the state's Republicans.

Here in Texas with the Democrats in power they have gerrymandered to win a disproportionate number of house seats. Now that ALL Republicans are in the majority why can't we at least have a majority Republican districts. Right now the Democrats are the majority in the House. Is that fair? With 5 or 6 more Republicans our majority would be representative of the way Texans vote.

Would you call that fair?? It's hard to understand internal state politics without being involved in that State.

However I do appreciate your fairmindedness. Personally, I think the Republicans tend to be that way more so but get the raw end when tables are turned.

Welcome, and I look forward to your comments.
95 posted on 08/22/2003 11:45:26 AM PDT by Gracey ( All your base are belong to the Terminator)
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To: MeeknMing
These guys are sounding more and more like a bunch of paranoid LaRouche freaks.

Seriously, to anyone in the Houston area or driving distance, we need to protest some of these fugitives. Rodny Ellis has a district office near Missouris City. John Whitmire (SD 15) has an office in a renovated house in the Heights. Whitmire especially could be vulnerable in the next election.
It would be great to hold a lunchtime demonstration in front of his office on a weekday.
96 posted on 08/22/2003 4:40:53 PM PDT by YCTHouston
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To: MeeknMing
moveon.org.....get the hell out of Texas.
97 posted on 08/23/2003 6:11:52 PM PDT by freekitty
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To: MeeknMing

98 posted on 08/23/2003 6:32:20 PM PDT by philetus (Keep doing what you always do and you'll keep getting what you always get)
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To: philetus
hehe ! Thanks ...

99 posted on 08/24/2003 3:42:31 AM PDT by MeekOneGOP (Check out the Texas Chicken D 'RATS!: http://www.freerepublic.com/focus/news/keyword/Redistricting)
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To: Gracey
Being born in Coolidge (near Mexia) and growing up in Muleshoe originally and having attended Odessa College, I tend to agree with your sentiments. However, it was my understanding that Texas was always a conservative democrat state until so many lost their cover when the Democratic party went too far to the left in 94...

I remember a race in 82 where James Collins was trying to oust Lloyd Bentsen and said, "Texas is Conservative and Lloyd Bentsen is a liberal!" He was unable to persuade the electorate...

When I joined the service in 83, I lost track of things. When I picked up again, someone that I met in 1982 was Governor of Texas...

Here in California, what you say may be absolutely true. I have only been here since 92. At that time the Governor was Republican but I think the State Assembly and Senate were controlled by the Democrats... I can not speak of what may or may not have happened...

I am only concerned about the perception....
I have seen both parties get mistreated when the other party has the opportunity... I am simply saying that if you have the statewide offices and most of the power, some might consider drawing district lines to take away even more from the opposition bullying.... I am sure these are fine and fairminded people but you are going to have to do little more work (numbers, voting patterns, etc) to show that this is not a power grab...

I promise you that what I want to see the least is this redistricting issue becoming a "urination" contest where productive dialog is no longer possible and nothing gets done for either parties constituents...

Hope all goes well.

Thank you for the reply...

100 posted on 08/24/2003 9:32:36 AM PDT by dwd1 (M. h. D. (Master of Hate and Discontent))
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