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Texas Gov. Gregg Abbott (right) has asked the state Supreme Court to overturn a judge’s ruling banning the state from arresting House Democrats who continue to block the vote on a electoral bill.
Abbott and Texas House President Dan Phelan (right) have filed an emergency motion asking the court to overturn an order by District Judge Brad Urrutia, preventing the state from exercising the power to arrest lawmakers, The Austin American Statesman reported.
Abbott and Phelan are asking the court to overturn the order before 5 p.m. Tuesday, noting that a second special session is underway and that the “return of House Democrats” is “imminent”.
“Compelling the presence of its members is a prerogative granted to the House by the Constitution of Texas,” the motion reads, according to the newspaper.
The call comes a day after Urrutia signed the order, which bars the State House Sergeant-at-Arms, the Texas Department of Public Safety, Capitol Police and other forces in the order to restrict, detain or confine lawmakers. The order allows them to return safely to the Lone Star State.
The move also comes as part of Democrats’ continued efforts to deny Republicans in the state’s lower house a quorum to vote on an election redesign bill. Democrats and voting rights activists say the bill could lead to the suppression of voters.
A quorum is formed when 100 members of the state legislature are present in the chamber.
Among its provisions, tThe bill restricts the use of ballot boxes, which were used extensively during the coronavirus pandemic. It also prohibits 24-hour voting centers, voting facilities in outdoor structures and single ticket voting.
Earlier in the summer, during the first special session of the legislature, a group of Texas Democrats fled the state to Washington, DC, to deny a quorum for the Lone Star State’s GOP. At the time, Abbott had promised to arrest Democrats when they returned to the state.
While in Washington, Democrats met with several top Democrats such as Senate Majority Leader Vice President Harris Charles Schumer
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The trip raised concerns, however, after several caucus members tested positive for COVID-19.
Phelan signed the first arrest warrant against Representative Philip Cortez (D) at the end of July.
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