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Texas Democrats in
Exile in New Mexico
MoveOn.org
Texas State Senator Rodney Ellis
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:
Background information on how the situation in Texas
developed;
Analysis of what's at stake for Democrats and the democratic
process; and
How you can help by contacting Texas politicians, signing our
petition, contributing funds, and forwarding this email!
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.
If the Republicans succeed in redrawing the Texas
Congressional lines to guarantee the election of five to seven
more Republicans, it will ensure that Republicans hold the
majority in the U.S. House of Representatives for the entire
decade and will likely result in Tom Delay becoming Speaker of
the House.(6)
The Republican advantage would be gained by removing many African
American and Hispanic voters from their current Congressional
districts and "packing" them into a few districts that already
have Democratic majorities. The voting power of these minority
voters would be dramatically diluted by the Republican plan, in
contravention of the federal Voting Rights Act. If the
Republicans succeed, over 1.4 million African American and
Hispanic voters will be harmed. It would be the largest
disenfranchisement of minority voters since the Voting Rights Act
was passed.
Redistricting exists for the purpose of reapportioning voters
among political districts to account for population shifts. The
purpose of this reapportionment is to ensure a roughly equal
number of voters in each district, to preserve the principle of
"one man, one vote."(7) For this reason, redistricting has always
been conducted immediately following the U.S. Census' decennial
population reports. Tom Delay now proposes a new redistricting
plan two years after the Census report simply because Republicans
gained control over the Texas Legislature in 2002 and now have
the power to enact a much more Republican-friendly plan than the
one drawn by the federal courts two years ago. This is an
unprecedented approach to redistricting, one that subordinates
its original purpose of ensuring the principle of "one man, one
vote" to the purpose of perpetual partisan politics.
Redistricting, in this model, would never be a settled matter,
and districts would constantly be in flux depending on the
balance of political power in the Legislature. The Texas
Legislature has traditionally been defined by a spirit of
bipartisanship and cooperation. This issue has polarized the
legislature in a way that threatens to destroy that tradition.
The Republicans have effectively exiled their Democratic
counterparts in a power play that makes our state look more like
a banana republic than a dignified democracy. The arbitrary
decision to discard the 2/3 rule in the Senate sets a precedent
that undermines that body's tradition of consensus and
cooperation. The deployment of state law enforcement officials to
apprehend boycotting legislators erodes the separation of powers
between the executive and legislative branches of government, and
diminishes legislators' ability to represent their constituents
as they see fit. The unilateral Republican effort to penalize
Democratic Senators and their staffs
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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