Texas Attorney General Ken Paxton said he will file to vacate House seats held by Democrats who fled the state if they do not return to perform legislative duties by Friday.

“Attorney General Ken Paxton has announced that the continued refusal to perform legislative duties by Texas House Democrats who broke quorum constitutes abandonment of office and that he will pursue a court ruling ensuring that their seats are declared vacant,” a release from Paxton’s office read.

“Speaker of the Texas House Dustin Burrows has given members until Friday, August 8, to return to Texas and present themselves before the House. Any lawmaker who has not been arrested and returned or fails to appear by the Speaker’s deadline will be subject to aggressive legal action by Attorney General Paxton,” it continued.

“Democrats have abandoned their offices by fleeing Texas, and a failure to respond to a call of the House constitutes a dereliction of their duty as elected officials,” Paxton said.

“Starting Friday, any rogue lawmakers refusing to return to the House will be held accountable for vacating their office. The people of Texas elected lawmakers, not jet-setting runaways looking for headlines. If you don’t show up to work, you get fired,” he added.

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Burrows ordered Democrats to return to the Texas State House by 1 p.m. on Friday.

At least 50 Democrats fled the state to block the passage of the proposed congressional district redraw that would likely give the GOP five additional seats in the U.S. House of Representatives.

DEVELOPING: Democrat Governor Brokers Plan With State Lawmakers In Effort To Block Redistricting Plan, Republican Attorney General Supports “Immediate Arrest”

FOX 7 Austin has more:

In 2021, the Texas Supreme Court ruled that the Texas Constitution allows for quorum breaks, but also allows for consequences to bring members back.

On several radio shows, Paxton said the process of removing lawmakers who broke quorum would be a lengthy process and that he wasn't sure if it was possible because it hasn't been tried.

"It might be a way to take existing members out of their positions if they fail to show up to perform their duties," Paxton said on the Glen Beck Program Tuesday.

Ultimately, it would be for the courts to decide if lawmakers abandoned their offices, which would lead to special elections to fill those seats.

Paxton told Beck that he believed the House could move forward without special elections even if lawmakers were removed.

"I think it'll change the quorum," Paxton said. "If you have less members, your quorum numbers change."

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"Texas AG Ken Paxton says they’re investigating who owns the private jet Democrats used to flee Texas and will challenge its legality in court," Benny Johnson said.

Most Democrats who fled the state have gone to Illinois - under the jurisdiction of Gov. JB Pritzker.

"During session typically you're not allowed to take contributions. We're in a special session, so they can take contributions. But they're gonna have to report it. We will know exactly who gave the plane," Paxton told Johnson.

"We've never dealt with a billionaire coming in and offering up his plane to fly Democrats out of their responsibilities," he continued.

Paxton said it's a "new question" the courts may get very soon.

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POLITICO noted:

The legal process to remove the lawmakers will likely take time. First, Paxton must file a case against each individual absent Democrat in various district courts, a process that would surely lead to appeals and could drag out long beyond the end of the special session on Aug. 19.

Even if Paxton succeeds in getting them removed, Gov. Greg Abbott would need to call for special elections to fill the seats, according to Texas law, which says that “an unexpired term in office may be filled only by a special election.”

Paxton issued a nonbinding legal opinion in 2021 during Democrats’ last quorum break, which Republican Gov. Greg Abbott cited on Monday while also accusing the lawmakers “absconded from their responsibility.”

In that opinion, Paxton took no position on whether breaking quorum is constitutional. He also declined to say whether fleeing Democrats could or should be removed from office. Rather, he called it a “fact question for a court” that he said was beyond the scope of his office to decide. He noted instead that he could file what are known as “quo warranto actions” in court, asking a judge to determine whether the missing lawmakers had officially vacated their seats.

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