Ken Paxton Files Brief Seeking Removal of 13 House Democrats

Texas Attorney General Ken Paxton has submitted a merits brief to the Supreme Court of Texas as part of his legal effort to declare vacant the seats of 13 Democratic legislators who left the state in 2021 to break quorum during a special legislative session.

The filing follows Paxton’s earlier petition for writs of quo warranto, which challenges the authority of elected officials to remain in office after allegedly abandoning their constitutional responsibilities. The Supreme Court of Texas has agreed to hear the matter on an expedited basis and set a deadline of August 29 for the lawmakers to file their responses.

“Just because some of the runaway Democrats returned to Texas does not mean they get to escape the consequences of abandoning Texas and abdicating their responsibilities,” said Paxton. “If you deliberately, openly, and blatantly refuse to show up to work for weeks on end, you lose your job.”

The lawsuit centers on 13 members of the Texas House who, during the 2021 special session, left the state to prevent a quorum and stall legislation. Paxton's brief argues that public statements made by the lawmakers at the time provide sufficient evidence of intentional dereliction of duty, and thus, forfeiture of office under Texas law.

The outcome could set a precedent affecting how state officials are held accountable for absences or political protest actions.

The Attorney General’s Office emphasized its commitment to "restoring the rule of law and upholding the functioning of representative government in Texas."