Texas Special Session: Gerrymandering and Breaking Quorum

by Ashley Heidebrecht, LMSW

On July 21st, stating the intention of prioritizing disaster preparedness and flood relief, Texas Governor Gregg Abbott initiated a special legislative session. However, the clear focused priority of the special session has been gerrymandered voter redistricting, and a "bathroom bill" which targets transgender and intersex people, and also puts all women at risk for inspection before entering restrooms and more. In this Advocacy in Action segment, we are going to focus on gerrymandered voter redistricting, what it is, what tactics are being employed to push back, and how you can learn more and take action.

What is a special session and what is a quorum?

The Texas legislative session is a bi-annual occurrence, occurring in odd numbered years. This year, the primary legislative session ran January 10th through May 29th, however the Governor can call as many special sessions as he wants, there is no limit. Each special session can last no longer than 30 days, and if a bill does not pass before the special session ends, it must be reintroduced in the next special session, and the process for passing the bill starts over.

In order for each legislative chamber (House and Senate) to conduct business, they must meet a quorum. A quorum is the minimum number of legislators required to be present to make the proceedings of that meeting valid. Under the Texas Constitution, each chamber requires two-thirds of its members present for a quorum (House- 100, Senate- 21), a much higher threshold than a simple majority.

The Texas special session: Trump’s demand, GOP strategy, and Democratic resistance

First, let's define gerrymandering. Gerrymandering refers to the manipulation of electoral district boundaries to give political advantage to a particular party or group. Typically accomplished through “packing” (concentrating opposition voters into fewer districts) or “cracking” (spreading them thinly across many districts), it undermines the principle that voters should choose their representatives, not vice versa. While partisan gerrymandering is politically motivated (and not necessarily illegal), racial gerrymandering, where lines are drawn to dilute the voting power of racial groups, is unconstitutional under the 14th Amendment. Such practices have long planned to diminish the influence of Black and Hispanic communities in places like Texas, perpetuating deeply rooted racial inequities and violating democratic norms. To learn more about gerrymandering, CLICK HERE.

In July, under pressure from President Trump, Texas Republicans pursued a rare mid-decade redistricting that would likely yield five additional GOP seats in Congress. Governor Greg Abbott added this redistricting to the special legislative session agenda, citing a Department of Justice letter that flagged four existing coalition minority-majority districts as constitutionally suspect (Texas Policy Research). Republicans argue it is legally justified, but critics see it as a politically motivated power grab. In response, more than 50 Texas House Democrats fled the state, breaking quorum by denying the two-thirds majority needed to conduct business in the House, bringing the process to a halt, meaning the House redistricting bill HB 4 could not go the the House floor for a vote. Meanwhile, in the Senate, a similar strategy failed: two Democrats stayed behind, allowing Republicans to pass the map on the Senate floor with a 19-2 vote. However, because House Democrats did not return to the state, the bill, SB 4, could not advance further.

Why the tactic of breaking quorum matters

Texas Democrats have repeatedly used this quorum-busting tactic, walking out to block votes, during contentious debates, including mid-decade redistricting fights in 2003 and 2021. This time, their quorum break has forced the special session to end yesterday, August 14th, without passage of the redistricting map, prompting Governor Abbott to vow to call consecutive special sessions until Democrats return. The new special session starts today. The strategy of the quorum break buys time, amplifies resistance, and underscores the stakes, not just for partisan control, but for fair representation and voting rights.

Breaking quorum is not without risk. House rules say if members do not show up, they are subject to fines of $500 for each day they are absent, payment of costs incurred by the sergeant-at-arms, reprimand, censure or expulsion. Senate rules say, “Those for whom no sufficient excuse is made, by order of the majority of those present, may be sent for and arrested wherever they may be found and their attendance secured and retained by the Sergeant-at-Arms or officers appointed by the Sergeant for that purpose. The President of the Senate shall request a writ of mandamus from the Supreme Court of Texas compelling their return.”

Coverage of Governor Abbott and Texas Attorney General Ken Paxton calling for the arrest and return of legislators who left the state has been widespread. Even Texas Senator John Cornyn called for the FBI to get involved. And while there has been a substantial positive response across the nation in support of the legislators who left the state, there is criticism as well. And as pressure mounts, at least some Democrats may be preparing to return to Texas. Those against the redistricting are calling on Democrats to continue their resistance with a petition.

Staying informed and taking action

If you are in Texas and want to get more involved with this issue, you can contact your state Senators and Representatives. Find out who represents you and call and/or email them, letting them know your position on redistricting.

If you are outside of Texas, you can also learn more about how your state fairs with redistricting and gerrymandering with The Gerrymandering Project, and The Brennan Center for Justice. You can contact your own state and federal representatives to advocate for your community and voting equity.

As the next special session gets underway, and the Trump Administration continues to apply pressure for more Republican seats, more states are entering the gerrymandering/redistricting race. You can follow news coverage here, and utilize The Gerrymandering Project and The Brennan Center for Justice.