Austin, TX – A coalition of organizations that represent Texans and are committed to the right of Texans to vote has united to file a “friend of the court” brief with the Texas Supreme Court, explaining that Governor Greg Abbott and Attorney General Ken Paxton’s partisan political ploy to expel sitting legislators who were duly elected by a majority of voters in their respective districts is unconstitutional and could set a dangerous precedent that is antithetical to our democracy. 

In the brief filed today, the League of Women Voters of Texas, Asian Texans for Justice, OCA-Greater Houston, Texas State Conference of the NAACP, and Unidos US explain that Governor Abbott and Attorney General Paxton’s request to remove duly elected members of the Texas House of Representatives based on the member’s participation in the quorum break to protect voting rights — a legislative option that is recognized by the Texas Constitution and has been exercised by state lawmakers at various times over the course of more than 150 years — is not only unprecedented in Texas history, but also unconstitutional. The coalition previously filed a similar brief in a case Governor Abbott brought to remove State Representative Gene Wu earlier this month. The Texas State Conference of the NAACP is represented by The Law Office of Robert S. Notzon and the remainder of the coalition is represented by Democracy Forward. 

The Governor and Attorney General “seek to violate the first principle of state government – separation of powers,” the brief outlines. “They are asking this Court to deprive citizens of the State of their legislative representation chosen by their duly cast votes. The Governor and Attorney General seek to wield power that the Texas Constitution does not  confer upon them.” 

The Texas-based organizations uniting to submit the brief represent members of the voting public in Texas, including those represented by state representatives threatened by the Governor and Attorney General with expulsion from the legislature for exercising their constitutionally-protected rights.

“Governor Abbott and Attorney General Paxton’s actions betray Texans and are antithetical to a functioning democracy,” said Skye Perryman, President and CEO of Democracy Forward. “Expelling duly elected members of the state legislature because they are advocating for the people they represent is unlawful and an alarming overreach. Democracy Forward is honored to work with this committed group of organizations that do the hard work to protect our democracy and people’s right to vote.”

“The League of Women Voters of Texas stands firmly against this blatant attempt to silence voters by removing their duly elected representatives. Texans have the right to choose who speaks for them in the legislature, and no Governor or Attorney General has the authority to override the will of the people. Undermining democratic representation sets a dangerous precedent that threatens every Texan’s voice. We will continue to defend the rights of voters and the integrity of our democracy,” said Joyce LeBombard, President, League of Women Voters of Texas.

“Texas already ranks among the most gerrymandered states in the country, even as it is home to some of the fastest growing Asian American and Pacific Islander communities. Governor Abbott’s legal maneuver to expel duly elected legislators is a dangerous attempt to silence voters and weaken fair representation. Asian Texans for Justice remains committed to building a state where every AAPI Texan is empowered, seen, heard, and fairly represented. We will continue to mobilize AAPI voters in every election to ensure our voices cannot be ignored,” said Nabila Mansoor, Co-Executive Director of Asian Texans for Justice.

“What the Governor is trying to do violates the very concept of representational democracy,” said Debbie Chen, Executive Director of OCA-Greater Houston. “When people vote, they have the right to expect that their vote matters. To have the governor attempt to overthrow the will of the people of Texas to further his ambitions is outrageous. His plans would especially harm communities of color in Texas, including the Asian American Pacific Islander community, who were already underrepresented in state government.”

“In a true democracy, the people’s voices are heard – not silenced by those in power. The Governor and Attorney General’s attempt to remove duly elected legislators undermines the very principles of representative government. Their actions should not be allowed to strip Hispanic and Latino voters in Texas of the voices they fought for at the ballot box,” said Eric Holguín, Texas State Director of Unidos US.

The legal team at Democracy Forward on this case includes Perryman, Director of State Litigation, Victoria Nugent and Senior Counsel Lisa Newman. 

Read the full brief here. 

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Democracy Forward Foundation is a national legal organization that advances democracy and social progress through litigation, policy, public education, and regulatory engagement. For more information, please visit www.democracyforward.org.