On September 13, two Texas Democratic State Senators filed this brief in Eckhardt v Abbott, w.d., 1:21cv-769. This is the case in which the plaintiffs argue that the Texas Constitution requires redistricting to be done only in regular sessions of the Texas legislature. The Texas legislature won’t have a regular session until early 2023, so if this case prevails, the courts would redraw the Texas congressional and legislative districts.
Texas might be a happier place if it were divided up into 3-4 new states.
Austin and the other commies can have one state, and real Texans can have three. Perfect solution.
East Texas merge with remains of underwater LA ???
Demo Rep stop being a moron?
The idiot senators are arguing that the legislature can not redistrict in special session until after they have failed to redistrict in regular session.
If this were true, then that provision of the Texas Constitution is void. If following a state constitution violates equal protection, then it is the state constitution that should be ignored.
This is no different than Reynolds v Sims where the Alabama Constitution would prevent equal protection.
The Texas Supreme court should order a special session of the legislature to redistrict.
Didn’t the Texas AG successfully argue 15 years ago the legislature could redistrict between a census?
I’m wondering if the Dems in this suit will cite that as some kind of precedent that a census doesn’t need to happen before the first election after a census.
https://statutes.capitol.texas.gov/Docs/CN/htm/CN.3/CN.3.28.htm
THE TEXAS CONSTITUTION
ARTICLE 3. LEGISLATIVE DEPARTMENT [spacing added for clarity]
Sec. 28. TIME FOR APPORTIONMENT; APPORTIONMENT BY LEGISLATIVE REDISTRICTING BOARD.
The Legislature shall, at its first regular session after the publication of each United States decennial census, apportion the state into senatorial and representative districts, agreeable to the provisions of Sections 25 and 26 of this Article.
In the event the Legislature shall at any such first regular session following the publication of a United States decennial census, fail to make such apportionment, same shall be done by the Legislative Redistricting Board of Texas, which is hereby created, and shall be composed of five (5) members, as follows: The Lieutenant Governor, the Speaker of the House of Representatives, the Attorney General, the Comptroller of Public Accounts and the Commissioner of the General Land Office, a majority of whom shall constitute a quorum.
Said Board shall assemble in the City of Austin within ninety (90) days after the final adjournment of such regular session.
The Board shall, within sixty (60) days after assembling, apportion the state into senatorial and representative districts, or into senatorial or representative districts, as the failure of action of such Legislature may make necessary.
Such apportionment shall be in writing and signed by three (3) or more of the members of the Board duly acknowledged as the act and deed of such Board, and, when so executed and filed with the Secretary of State, shall have force and effect of law.
Such apportionment shall become effective at the next succeeding statewide general election.
The Supreme Court of Texas shall have jurisdiction to compel such Board to perform its duties in accordance with the provisions of this section by writ of mandamus or other extraordinary writs conformable to the usages of law.
The Legislature shall provide necessary funds for clerical and technical aid and for other expenses incidental to the work of the Board, and the Lieutenant Governor and the Speaker of the House of Representatives shall be entitled to receive per diem and travel expense during the Board’s session in the same manner and amount as they would receive while attending a special session of the Legislature.
(Amended Nov. 2, 1948, and Nov. 6, 2001.) (TEMPORARY TRANSITION PROVISION for Sec. 28: See Appendix, Note 3.)
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ANTI-Democracy minority rule Gerrymanders by 3 of 5 HACKS if Legis HACKS fail.
https://www.klobuchar.senate.gov/public/_cache/files/e/4/e448657f-914b-43a3-9153-05cabfb31c76/68440D88BF5EF1F90133FCB5AD2865D9.freedom-to-vote-act-text.pdf
via Hasen. Bill number shortly.
Latest RED commie donkey Fed election bill – Sen. Kloburchar
reverse of GA/TX /etc election laws.
@DWP,
That was congressional districting. In 2001, the legislature failed to redistrict because the the two houses could not agree. Governor Perry (Rick not Darryl) determined that they were unlikely to agree so did not call a special session. A federal court reluctantly drew new districts. In 2003, the newly elected legislature drew new congressional districts.
The SCOTUS reaffirmed that States have primary responsibility for drawing congressional districts, absent congressional direction.
The present lawsuit is not challenging congressional district and it would be absurd to do so.
I remember when Darryl Perry was a real libertarian. Now he’s a fake like Robert K Stock.
@DWP,
Back in the late 1940s, the Texas Constitution was amended to provide that if the legislature failed to complete legislative redistricting in the first regular session after publication of the census, that the Legislative Redistricting Board would do so.
Previously, the legislature had failed to redistrict causing the the legislature to become increasingly malapportioned.
It was thought that the provision might apply this year since redistricting did not occur in the regular session. But it was noted that the census had not been published. Under a literal interpretation of the constitution legislative redistricting would be done in the 2023 regular session. That is not clearly in violation of equal protection. It could be argued that the the people knew that the census might not be completed in the ‘1’ year and drafted a dynamic version.
There have been Texas Supreme Court rulings that the legislature could redistrict after the LRB had acted. The idiot litigants are arguing that this decision meant that the legislature could not redistrict before they failed to redistrict in 2023.
But they are claiming the Texas Supreme Court clearly made a decision even though the fact patterns are different.
If there is currently an equal protection violation AND if the legislature is prevented from redistricting because of the Texas Constitution then it is the Texas Constitution that is void. To remedy this the legislature must act. If they failed to do so, the state courts should take over.
At one time no county could be divided in formation of senate districts. This was a violation of equal protection once a county had over 1/31 of the population and the SCOTUS had interpreted the 14th Amendment it is OMOV decisions.
The legislature has a responsibility to remedy that.
California recall today. Word has Democrats will steal the election like they did the Presidential.
Sam: The Presidential election was not stolen and neither will be the California recall.
You’re a liar. To hell with you, demon.
@Lee…. Hate to break it to you… but demons aren’t real… Neither is any of the other shit in your deluded religion.
How do you know?
Election was rigged. California votes were cast before people actually voted. Even mainstream media picked that up. Racist Stock is just your typical retarded commie.
Nonsense
Look up local LA TV station reports about ballots you racist retard.
Mr Libertarian: It is my opinion based on watching Nixon and Reagan when they were in office.
To the person who called me a retard:
Casting a vote before election day is legal and encouraged. What’s the problem?
Retard, the problem is these votes were not cast by the people who were supposed to. Someone casts ballots for them, and the election clerk said this wasn’t an isolated incident. This is clearly fraud, but of course communists like you support this.
https://crimeresearch.org/2021/09/evidence-of-large-scale-vote-fraud-in-california-recall-election/
One video of many from LA TV stations posted.
I followed the link. Just assertions and not evidence.
Why is Rubber Stick babbling about Nixon and Reagan and illogically answering a question posted to Aiden with non sequitur hallucinations and nonsense pabulum? Is Rubber Stick some kind of beatnik who eats mushrooms and smokes wacky tabacky?
Larry Elder got robbed, just like Trump!
Retard Stock did you watch the videos of the LA stations?
Your love of election fraud is sickening.
He’s probably in on it.
Everyone knows Newsome cheated.
And so did the Chicoms to put in their puppets, dementia Joe Biden and Kommiela Harrass.
https://news.yahoo.com/gov-gavin-newsom-easily-survives-california-recall-election-nbc-abc-and-cnn-project-034740934.html
EVEN MORE RAVINGS ABOUT STOLEN VOTES ???
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WHEN WILL LAST LIVING ELEPHANT MOVE OUT OF RED COMMIE CA (AFTER BEING LOOTED OF ASSETS AT THE BORDER) ???
Yeah, that selection was totally not stolen at all. Nothing to see here. We’re telling you the truth. Please move along now. Or else.
Stock probably voted 50 or 100 times in California. Huge fraud.
Ben: I live in Oklahoma so I did not vote un the California recall election.
I did watch the local TV news story. The older woman did cast a provisional ballot. She said that others who were told they had already voted cast provisional ballots as well. Now it is up to the election officials to follow up on her allegation.
Just like with the Presidential election there are not enough numbers to change the outcome even if a few people did commit voter fraud. As of right now there is only an allegation and no proof any fraud took place.
WILL CA RED COMMIES HAVE OPEN BASES WITH CHINA RED COMMIES —
IN A NEWSOM – XI ***DEAL*** ???
CREDIT RATINGS OF ALL GOVTS IN CA GOING TO ZZZ— ???
Newsome and Milley are working out a deal to literally sell California to China and make it a province of the people’s republic.
Just because racist Stock lives in Oklahoma doesn’t mean he didn’t vote. He admits he loves voter fraud and stuffing ballots.
He probably spent much of his time at “work ” ignoring customers and making out fake California ballots these last few weeks.
That wouldn’t surprise me. Hope he is investigated.
Soros probably sent him ballots.