Posted on 08/26/2003 2:52:29 AM PDT by hoaxbuster1
ALBUQUERQUE, N.M. -- The 11 Texas Senate Democrats in self-imposed exile said Monday that Republicans should assure them they will not be arrested if they go home when the special session of the Legislature ends today.
The senators have been in New Mexico since July 28, when GOP Gov. Rick Perry called a second legislative special session on congressional redistricting. He has vowed to call as many 30-day special sessions as necessary to draw new districts in Texas that would elect more Republicans to the U.S. House of Representatives.
Lt. Gov. David Dewhurst, also a Republican, last week suggested a cooling-off period before the start of another special session.
If Republicans are serious about that, the Democrats said Monday, they should set a timetable for calling the next session. Otherwise, Perry could call a special session as soon as the Democrats return to Texas, where they could be arrested and forced to the Capitol.
They bolted the state to deny the Senate the two-thirds quorum it needs to vote.
"If indeed there's going to be a cooling-off period, let's make it a definite period of time so that no games can be played," said Sen. Royce West of Dallas.
Perry's office refused to tip his hand Monday as to when he would call another session or whether he would consider the Democrats' request.
"The governor will call the next special session at the appropriate time," said spokeswoman Kathy Walt.
The Democrats also said the Republicans should use a cooling-off period to shore up support in their own party, which Democrats say is divided because of concern that some redistricting proposals would weaken rural influence in the Texas congressional delegation.
Republicans dismissed the criticism.
"Every Republican I know believes the state's congressional delegation should reflect the voting patterns of Texas, which are solidly pro-Bush," said Dewhurst spokesman David Beckwith.
Although Texas voters have elected Republicans to all statewide offices and to majorities in the state Legislature, the congressional delegation has a 17-15 Democratic majority.
Democrats would not say whether they plan to return to Texas if another session is not called immediately, but they say they are prepared to stay in New Mexico as long as necessary.
They are hopeful that a hearing Wednesday on a lawsuit they filed in federal court in Laredo will give them at least a temporary chance to go home.
The lawsuit alleges that Republicans have violated minority rights by doing away with a Senate procedure under which Democrats had enough votes to block redistricting. Nine of the runaway Democrats are Hispanic, two are black and two are Anglos who represent predominantly black or Hispanic districts.
In a letter to the U.S. Justice Department civil rights division that the Democrats released Monday, attorney Gerald Hebert complained that the department might make a "rush to judgment" on a request from state Republican officials.
Texas Attorney General Greg Abbott and the Texas secretary of state's office have asked the department for an expedited ruling that the change in Senate procedure does not violate the voting rights act. Hebert said a quick ruling would be an attempt to "pre-empt" the federal court.
Both sides declared victory in state court Monday after Travis County District Judge Darlene Byrne threw out a lawsuit brought by Dewhurst seeking to have the Democrats ordered back. Dewhurst lost a similar lawsuit before the Texas Supreme Court earlier this month.
Byrne said she lacked jurisdiction.
Solicitor General Ted Cruz said Byrne's ruling proved that issues about how to return the Democrats to Austin were at the discretion of the Senate.
The Democrats declared partial victory Monday, pointing out that they have stayed out of Texas for 29 days, far longer than the Republicans predicted.
"To Rick Perry, we say, `Stand down from this pointless redistricting,' " said Sen. Leticia Van de Putte of San Antonio, chair of the Senate Democratic Caucus. "Stop wasting tax dollars in your attempt to steal through partisan redistricting what you could not accomplish in legitimate elections."
Walt fired back that the Democrats are blocking more than redistricting in the Legislature.
"When they walked out, they walked out on more than $800 million in funding for critical issues like trauma care and education," she said.
Both sides got mixed messages from a Scripps Howard Texas Poll released Monday.
In the poll of 1,000 adult Texans, 46 percent said that the Legislature should not redistrict now, 40 percent supported redistricting and the rest had no opinion.
What a coward!
No need to. Within a few weeks the Republicans ought to be able to declare the Rats' seats vacant because the Rats no longer reside in the district to which they were elected.
Of course. We won't play any games, just like they are not playing any games.
Becki
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