Judge Expands Texas AG’s Restraining Order Over Texas Democrats’ Fundraising

A judge wrote that former Rep. Beto O'Rourke’s organization cannot send money out of the state.

Texas Attorney General Ken Paxton speaks outside the U.S. Supreme Court in Washington on Nov. 1, 2021. Drew Angerer/Getty Images

A judge on Aug. 16 issued a ruling that expands a restraining order against former Rep. Robert Francis “Beto” O'Rourke (D-Texas) and his political organization over its fundraising efforts for Democratic lawmakers who left Texas amid a state House battle over redistricting.

In the order, Judge Megan Fahey wrote that O‘Rourke, also a presidential candidate in the 2020 election, cannot send money out of Texas. She ruled in favor of Texas Attorney General Ken Paxton, a Republican, after Paxton sought to remove the charter of Powered by People, the organization headed by O’Rourke.

The judge ruled that “if the Court does not issue this order, the State will be irreparably injured.”

“Specifically, Defendants’ fundraising conduct constitutes false, misleading, or deceptive acts under the Texas Deceptive Trade Practices Act, because Defendants are raising and utilizing political contributions from Texas consumers to pay for the personal expenses of Texas legislators, in violation of Texas law,” her order states.

Fundraising platforms and other financial organizations cannot transfer donations from Powered by People “outside of Texas in support of the unlawful scheme,” she wrote.

In a post on X last week, O'Rourke said that his organization had donated more than $1 million to Texas Democrats during the special legislative session.

“He wants to silence me and stop me from leading this organization,” O'Rourke told NBC News earlier this month, regarding the lawsuit filed by Paxton. “He wants to stop us from fighting Trump’s attempt to steal the five congressional seats he needs to hang on to power. But I’m not going anywhere.”

In a statement over the weekend, Paxton hailed the judge’s order and said that O'Rourke’s funding efforts are unlawful.

“His fraudulent attempt to pad the pockets of the rogue cowards abandoning Texas has been stopped, and now the court has rightly frozen his ability to continue to send money outside of Texas,” Paxton said. “The cabal of Democrats who have colluded together to scam Texans and derail our Legislature will face the full force of the law, starting with Robert Francis O’Rourke.”

Earlier this month, Fahey issued a similar order barring O'Rourke from fundraising for nonpolitical purposes and blocking donations from his group to Democrats for “out-of-state travel, hotel, or dining accommodations or services to unexcused Texas legislators during any special legislative session called by the Texas Governor” and for “payments of fines provided by Texas House rules for unexcused legislative absences.”

Texas Democrats, who are the minority in each legislative chamber, fled to Illinois, New York, and Massachusetts on Aug. 3 to stop the Legislature from passing any bills. Lawmakers face fees of up to $500 each day they are absent after the House adopted new rules in 2021 following a similar walkout over voting restriction legislation.

Last week, Democrats unveiled a proposal that could give California’s dominant political party an additional five U.S. House seats in a bid to win the fight to control Congress next year.

The campaign arm of the U.S. House Democrats, the Democratic Congressional Campaign Committee, released the maps on Aug. 15, and the Democrat-led state Legislature later posted them online. State lawmakers plan to hold hearings and vote on the new maps next week.

“This is about more than drawing lines on a map. It’s about drawing a line in the sand to stop Texas ... from rigging the election,” California state Senate Democratic leader Mike McGuire said in a statement.

The Associated Press contributed to this report.