Greg Abbott Skewers the Lies of the Runaway Texas Dems and Decimates Joe Biden In the Process

[mystery-ak]

Greg Abbott Skewers the Lies of the Runaway Texas Dems and Decimates Joe Biden In the Process
By Nick Arama | Jul 13, 2021 8:45 PM ET

Texas Governor Greg Abbott has had enough of the runaway Texas Democrats throwing their little tantrum political stunt.

As we reported earlier, he said that he was going to make them do their job and have them arrested if they return to the state.

Abbott eviscerated the Democrats’ false claims about the election security bill, saying that it isn’t denying anyone the right to vote and, in fact, the bill provides for increased voting hours.

https://twitter.com/tomselliott/status/1414884753254268929

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https://redstate.com/nick-arama/2021/07/13/greg-abbott-skewers-the-lies-of-the-runaway-texas-dems-and-decimates-joe-biden-in-the-process-n410338

[AARguy]

How do we get the REST of the Democrats to leave Texas?

[Free Vulcan]

Yet these runaway Democrats and their staff are still being paid. But if they stay out too long, they won’t be paid and could lose their benefits come the end of next month, and could potentially lose their seats if they are away too long, Abbott said. Meanwhile, they’re doing all this on the taxpayer’s dime rather than arguing their points.

Apparently a vacancy can be declared after so much time of not doing their job?

[Kamaji]

Apparently a vacancy can be declared after so much time of not doing their job?

Interesting.  Who would get to appoint their replacements?  Or would a quorum simply consist of a certain percentage of those seats that haven't been declared vacant?

[Free Vulcan]

Interesting.  Who would get to appoint their replacements?  Or would a quorum simply consist of a certain percentage of those seats that haven't been declared vacant?

Maybe someone from the Texas chapter can give more info?

[thackney]

Interesting.  Who would get to appoint their replacements?  Or would a quorum simply consist of a certain percentage of those seats that haven't been declared vacant?

Vacant seats require special elections. 

ec. 203.001.  APPLICABILITY OF CHAPTER.  This chapter applies to the offices of state senator and state representative.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

Sec. 203.002.  VACANCY FILLED AT SPECIAL ELECTION.  An unexpired term in office may be filled only by a special election in accordance with this chapter.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

https://statutes.capitol.texas.gov/Docs/EL/htm/EL.203.htm#203.001

[Free Vulcan]

Vacant seats require special elections. 

ec. 203.001.  APPLICABILITY OF CHAPTER.  This chapter applies to the offices of state senator and state representative.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

Sec. 203.002.  VACANCY FILLED AT SPECIAL ELECTION.  An unexpired term in office may be filled only by a special election in accordance with this chapter.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

https://statutes.capitol.texas.gov/Docs/EL/htm/EL.203.htm#203.001

What constitutes a sufficient condition to declare a vacancy?

[Bigun]

Apparently a vacancy can be declared after so much time of not doing their job?

@Free Vulcan

Article 3 of the Texas Constitution

Relevant to this discussion are:

Sec. 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.

Sec. 11.  RULES OF PROCEDURE; PUNISHMENT OR EXPULSION OF MEMBER.  Each House may determine the rules of its own proceedings, punish members for disorderly conduct, and, with the consent of two-thirds, expel a member, but not a second time for the same offense.

Sec. 23.  VACANCY FOLLOWING REMOVAL FROM DISTRICT OR COUNTY FROM WHICH ELECTED.  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.

[Kamaji]

@Free Vulcan

Article 3 of the Texas Constitution

Relevant to this discussion are:

Thanks!!!

And, just to round it out, Section 13 on how vacancies are to be filled:

Sec. 13.  VACANCY IN LEGISLATURE.  (a)  When vacancies occur in either House, the Governor, or the person exercising the power of the Governor, shall issue writs of election to fill such vacancies; and should the Governor fail to issue a writ of election to fill any such vacancy within twenty days after it occurs, the returning officer of the district in which such vacancy may have happened, shall be authorized to order an election for that purpose.

(b)  The legislature may provide by general law for the filling of a vacancy in the legislature without an election if only one person qualifies and declares a candidacy in an election to fill the vacancy.

[thackney]

@Free Vulcan

Article 3 of the Texas Constitution

Relevant to this discussion are:

I do not see where a seat can be declared vacant without a quorum.

[Bigun]

I do not see where a seat can be declared vacant without a quorum.

@thackney

Sec. 23.  VACANCY FOLLOWING REMOVAL FROM DISTRICT OR COUNTY FROM WHICH ELECTED.  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.

[Kamaji]

I do not see where a seat can be declared vacant without a quorum.

It takes a quorum to expel a member, but Sec. 23 is interesting, because it states that if a member moves his residence from the district or county to which he was elected, then his seat automatically becomes vacant.

Which raises the question:  what are the criteria for determining that a member has moved his residence?  Would having the fleebaggers stay outside of Texas for 6 months be sufficient?

[Free Vulcan]

@Free Vulcan

Article 3 of the Texas Constitution

Relevant to this discussion are:

Thanks @Bigun 

Not sure what Texas residency requirements are, but at some point after 30 - 90 days for most states, if they are still in DC, it seems like theirs could be questioned.

And it sounds like the House makes the rules on that definition?

Seems like between that and recall petitions (if allowed under Texas law), Texans could start to put the squeeze on them fairly quickly.

[IsailedawayfromFR]

I wish we could find in the Constitution some verbiage that declares a vacancy can be filled by the runner-up in the election for that seat.

Seems that will be all Republicans filling seats.

[thackney]

Thanks @Bigun 

Not sure what Texas residency requirements are, but at some point after 30 - 90 days for most states, if they are still in DC, it seems like theirs could be questioned.

And it sounds like the House makes the rules on that definition?

Seems like between that and recall petitions (if allowed under Texas law), Texans could start to put the squeeze on them fairly quickly.

I do not see how an extended vacation can make someone ineligible for Texas residency while still maintaining a home in Texas, still keeping voter registration, etc.

[Free Vulcan]

I do not see how an extended vacation can make someone ineligible for Texas residency while still maintaining a home in Texas, still keeping voter registration, etc.

Maybe for the average citizen, but for the elected official in the legislature.

[thackney]

Maybe for the average citizen, but for the elected official in the legislature.

I just do not find a way to declare the seats vacant without a quorum to due so.  Since this is a repeated problem, we need to deal with it.  But it likely is going to take voting 17 more democrats out of the Texas House.

[Bigun]

Thanks @Bigun 

Not sure what Texas residency requirements are, but at some point after 30 - 90 days for most states, if they are still in DC, it seems like theirs could be questioned.

And it sounds like the House makes the rules on that definition?

Seems like between that and recall petitions (if allowed under Texas law), Texans could start to put the squeeze on them fairly quickly.

Recall petitions are not allowed in Texas and I cannot find anything to define what it takes to declare a legislative seat abandoned.

@Free Vulcan

[Free Vulcan]

Recall petitions are not allowed in Texas and I cannot find anything to define what it takes to declare a legislative seat abandoned.

@Free Vulcan

Well damn.

[Kamaji]

I do not see how an extended vacation can make someone ineligible for Texas residency while still maintaining a home in Texas, still keeping voter registration, etc.

Except that it's not an extended vacation.  It is an intentional abandonment of the district or county to which one was elected for the purpose of frustrating the mechanisms of government, and for an indefinite period of time.  That comes close to the requirements for a change of domicile, not just residency.

[Bigun]

Except that it's not an extended vacation.  It is an intentional abandonment of the district or county to which one was elected for the purpose of frustrating the mechanisms of government, and for an indefinite period of time.  That comes close to the requirements for a change of domicile, not just residency.

It SHOULD be a felony for a member of the legislature to refuse to appear at his post when the legislature is in session, but I don't think it currently is. 

[thackney]

Except that it's not an extended vacation.  It is an intentional abandonment of the district or county to which one was elected for the purpose of frustrating the mechanisms of government, and for an indefinite period of time.  That comes close to the requirements for a change of domicile, not just residency.

So show me the law that deals with it.  I find nothing.

[Kamaji]

So show me the law that deals with it.  I find nothing.

It was right upthread in the materials posted by someone else.

Show me that this is an "extended vacation".  Calling a pig a goat doesn't make it a goat, no matter how little statute law there is on the matter.

[thackney]

It was right upthread in the materials posted by someone else.

Show me that this is an "extended vacation".  Calling a pig a goat doesn't make it a goat, no matter how little statute law there is on the matter.

That was after the seat is vacant, and the rules for being vacant do not include this scenario, regardless of us wanting it to.

[Kamaji]

That was after the seat is vacant, and the rules for being vacant do not include this scenario, regardless of us wanting it to.

Section 23 very expressly covers the point:

Sec. 23.  VACANCY FOLLOWING REMOVAL FROM DISTRICT OR COUNTY FROM WHICH ELECTED.  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.

To emphasize:  "shall become vacant"