Republican Texas Attorney General Ken Paxton has asked a judge to throw former Democratic U.S. Rep. Beto O’Rourke in jail over his fundraising appeals, another escalation in the state’s redistricting battle.
The emergency motion for contempt and show cause comes after Paxton sued O’Rourke and his political group, Powered by People, last week. That suit involves the group’s financial support for Texas Democrats who have fled the state in order to prevent new, partisan redistricting supported by President Donald Trump that would give Republicans an advantage.
Tarrant County District Judge Megan Fahey granted Paxton’s demand in that suit that temporarily prevents O’Rourke and the group from covering those Democrats’ expenses or fundraising for them.
Democrats fled the state to prevent the Texas Legislature from forcing through new U.S. House maps that would give Republicans a sharp advantage in 2026. The maps were sought by Trump. By leaving the state, the legislators kept the government from reaching a required quorum to do legislative business and move on the maps.
Republicans, furious, have been trying to force these members back. Democrats, meanwhile, have rallied around them.
The motion filed Tuesday alleges O’Rourke has violated that order by appearing at a rally on Saturday, where he said, “There are no refs in this game, fuck the rules.” Paxton requests O’Rourke be jailed because of it.
“In light of Defendant O’Rourke’s repeated statements disparaging this Court’s TRO and announcing his intent to continue violating the order—because, “f*ck the rules”— the State requests Defendant O’Rourke be confined to jail unless and until he demonstrates a willingness to abide by the Court’s orders pending the outcome of this lawsuit,” the motion states.
The motion also says that O’Rourke could be fined if he’s found in contempt.
“Texas Government Code 21.002(b) authorizes courts to punish contempt by levying a fine of not more than $500.00 for each act of contempt. TEX. GOV’T CODE ANN. 21.002(b). Section 21.002(b) also authorizes courts to punish contempt by confinement in the county jail for not more than six months or both such a fine and confinement in jail,” the motion states. “Coercive or civil contempt is used to encourage obedience to a previous order; remedial or criminal contempt is available to punish those who disrespect a court’s order and to deter others from engaging in disrespectful conduct.”