By: Mowery H.B. No. 498
73R2667 GGS-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to voting in connection with certain judicial races.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 1.005, Election Code, is amended by
1-5 amending Subdivision (20) and by adding Subdivision (25) to read as
1-6 follows:
1-7 (20) "Straight-party vote" means a vote by a single
1-8 mark, punch, or other action by the voter for all the nominees of
1-9 one political party, except nominees for district or county
1-10 judicial offices, and for no other candidates.
1-11 (25) "District or county judicial office" means an
1-12 office listed in Section 52.092(g).
1-13 SECTION 2. Section 52.065, Election Code, is amended by
1-14 adding Subsection (f) to read as follows:
1-15 (f) District and county judicial offices shall appear on the
1-16 ballot in the same format as the other offices but under the
1-17 heading "District and County Judicial Offices" after the listing of
1-18 the other offices.
1-19 SECTION 3. Section 52.066, Election Code, is amended by
1-20 adding Subsection (e) to read as follows:
1-21 (e) District and county judicial offices shall appear on the
1-22 ballot in the same format as the other offices but under the
1-23 heading "District and County Judicial Offices" after the listing of
1-24 the other offices.
2-1 SECTION 4. Subchapter C, Chapter 52, Election Code, is
2-2 amended by adding Section 52.0661 to read as follows:
2-3 Sec. 52.0661. Separate Listing of Unopposed District And
2-4 County Judicial Candidates. (a) Any unopposed candidates for
2-5 district or county judicial offices shall be listed separately on
2-6 the ballot under the heading "Uncontested District and County
2-7 Judicial Races" following the contested district and county
2-8 judicial races.
2-9 (b) In the general election for state and county officers,
2-10 the party alignment of each unopposed candidate for a district or
2-11 county judicial office shall be indicated next to the candidate's
2-12 name.
2-13 (c) The secretary of state shall prescribe any procedures or
2-14 instructions necessary to implement this section.
2-15 SECTION 5. Section 52.070(b), Election Code, is amended to
2-16 read as follows:
2-17 (b) Immediately below "OFFICIAL BALLOT" and "District and
2-18 County Judicial Offices," if applicable, the following instruction
2-19 shall be printed: "Vote for the candidate of your choice in each
2-20 race by placing an 'X' in the square beside the candidate's name."
2-21 SECTION 6. Section 52.071, Election Code, is amended to read
2-22 as follows:
2-23 Sec. 52.071. Voting Square and Instruction for
2-24 Straight-Party Vote. (a) On a ballot on which a party column
2-25 appears in connection with offices other than district or county
2-26 judicial offices, a square larger than the square prescribed by
2-27 Section 52.070(a) shall be printed to the left of each political
3-1 party's name.
3-2 (b) The following instruction shall be added to the
3-3 instruction required by Section 52.070(b) in connection with
3-4 offices other than district or county judicial offices: "You may
3-5 cast a straight-party vote (that is, cast a vote for all the
3-6 nominees of one party, except nominees for district or county
3-7 judicial offices) by placing an 'X' in the square beside the name
3-8 of the party of your choice. If you cast a straight-party vote
3-9 <for all the nominees of one party> and also cast a vote for an
3-10 opponent of one of that party's nominees, your vote for the
3-11 opponent will be counted as well as your vote for all the other
3-12 nominees of the party for which the straight-party vote was cast."
3-13 SECTION 7. Sections 52.092(d), (e), (f), (g), (h), (i), and
3-14 (j), Election Code, are amended to read as follows:
3-15 (d) District offices of the state government shall be listed
3-16 in the following order:
3-17 (1) member, State Board of Education;
3-18 (2) state senator;
3-19 (3) state representative;
3-20 <(4) chief justice, court of appeals;>
3-21 <(5) justice, court of appeals;>
3-22 <(6) district judge;>
3-23 <(7) criminal district judge;>
3-24 <(8) family district judge;>
3-25 (4) <(9)> district attorney;
3-26 (5) <(10)> criminal district attorney.
3-27 (e) County offices shall be listed in the following order:
4-1 (1) county judge;
4-2 <(2) judge, county court at law;>
4-3 <(3) judge, county criminal court;>
4-4 <(4) judge, county probate court;>
4-5 (2) <(5)> county attorney;
4-6 (3) <(6)> district clerk;
4-7 (4) <(7)> district and county clerk;
4-8 (5) <(8)> county clerk;
4-9 (6) <(9)> sheriff;
4-10 (7) <(10)> sheriff and tax assessor-collector;
4-11 (8) <(11)> county tax assessor-collector;
4-12 (9) <(12)> county treasurer;
4-13 (10) <(13)> county school trustee (county with
4-14 population of two million or more);
4-15 (11) <(14)> county surveyor;
4-16 (12) <(15)> inspector of hides and animals.
4-17 (f) Precinct offices shall be listed in the following order:
4-18 (1) county commissioner;
4-19 <(2) justice of the peace;>
4-20 (2) <(3)> constable;
4-21 (3) <(4)> public weigher.
4-22 (g) District and county judicial offices shall be listed in
4-23 the following order:
4-24 (1) chief justice, court of appeals;
4-25 (2) justice, court of appeals;
4-26 (3) district judge;
4-27 (4) criminal district judge;
5-1 (5) family district judge;
5-2 (6) judge, county court at law;
5-3 (7) judge, county criminal court;
5-4 (8) judge, county probate court;
5-5 (9) justice of the peace.
5-6 (h) <(g)> If two or more offices having the same title
5-7 except for a place number or other distinguishing number are to
5-8 appear on the ballot, the number shall appear as part of the office
5-9 title and the offices shall be listed in numerical order.
5-10 (i) <(h)> The secretary of state shall assign a place number
5-11 to each position to be filled at the general election for state and
5-12 county officers for each full or unexpired term in the following
5-13 offices:
5-14 (1) justice, supreme court;
5-15 (2) judge, court of criminal appeals; and
5-16 (3) justice, court of appeals in a court having a
5-17 membership in excess of three, if distinguishing the positions to
5-18 be filled is necessary.
5-19 (j) <(i)> The secretary of state shall designate the
5-20 position of new offices on the ballot.
5-21 (k) <(j)> The office of judge of a multicounty statutory
5-22 county court created under Subchapter D, Chapter 25, Government
5-23 Code, is considered to be a county office for purposes of listing
5-24 the office on the ballot and to be a district office for all other
5-25 purposes under this code.
5-26 SECTION 8. Subsections (b) and (c), Section 65.007, Election
5-27 Code, are amended to read as follows:
6-1 (b) Except as provided by Subsection (c), each
6-2 straight-party vote shall be tallied for the party receiving the
6-3 vote instead of being tallied for the individual candidates of the
6-4 party. The total number of straight-party votes tallied for each
6-5 party shall be added to the total votes received for each of the
6-6 party nominees individually, except nominees for district or county
6-7 judicial offices.
6-8 (c) If a ballot indicates a straight-party vote and a vote
6-9 for an opponent of one or more of that party's nominees, a vote
6-10 shall be counted for the opponent and for each of the party's other
6-11 nominees, except nominees for district or county judicial offices,
6-12 whether or not any of those nominees have received individual
6-13 votes.
6-14 SECTION 9. Subchapter A, Chapter 124, Election Code, is
6-15 amended by amending Section 124.003 and by adding Section 124.0031
6-16 to read as follows:
6-17 Sec. 124.003. Separate Listing of Unopposed Candidates<;
6-18 Bloc Voting>. (a) Any unopposed candidates, except candidates for
6-19 district or county judicial offices, may be listed separately under
6-20 the heading "Uncontested Races" on a voting system ballot or ballot
6-21 label.
6-22 (b) In an election in which the ballots indicate political
6-23 party alignment, the party alignment of the candidates listed under
6-24 the uncontested races heading shall be indicated next to the
6-25 candidate's name.
6-26 (c) Candidates listed under the uncontested races heading
6-27 may be arranged in a manner requiring voting on them as one or more
7-1 groups <blocs>, but only if an additional ballot or ballot label
7-2 would otherwise be necessary to accommodate all the candidates and
7-3 propositions to be listed.
7-4 (d) The requirement that the ballot or ballot label be
7-5 arranged to permit straight-party voting does not apply to
7-6 candidates listed under the uncontested races heading.
7-7 Sec. 124.0031. Separate Listing of Unopposed District And
7-8 County Judicial Candidates. Candidates listed under the
7-9 uncontested district and county judicial races heading may be
7-10 arranged in a manner requiring voting on them as one or more
7-11 groups, but only if an additional ballot or ballot label would
7-12 otherwise be necessary to accommodate all the candidates and
7-13 propositions to be listed.
7-14 SECTION 10. Section 124.061(b), Election Code, is amended to
7-15 read as follows:
7-16 (b) A punch-card ballot label may comprise as many separate
7-17 sheets as are necessary to list the candidates and propositions
7-18 stating measures to be voted on in an election. If more than one
7-19 sheet is used, the first sheet of the sequence must <shall>
7-20 indicate the fact that the ballot is continued on one or more
7-21 additional sheets and must indicate the sheet on which the listing
7-22 of district and county judicial offices, if any, begins. Sheets in
7-23 the same sequence may be identified by any method that will
7-24 facilitate voting or ballot processing and not confuse the voters.
7-25 SECTION 11. Section 124.063(a), Election Code, is amended to
7-26 read as follows:
7-27 (a) An electronic system ballot on which a voter indicates a
8-1 vote by punching a hole in the ballot must contain the following
8-2 instruction if candidates are to be voted on: "Vote for the
8-3 candidate of your choice in each race by making a punch hole in the
8-4 space provided adjacent to the name of that candidate." The ballot
8-5 must contain the same instruction in conjunction with any district
8-6 or county judicial offices appearing on the ballot. If a
8-7 proposition appears on the ballot, the ballot must contain the
8-8 following instruction: "Make a punch hole in the space provided
8-9 beside the statement indicating the way you desire to vote."
8-10 SECTION 12. This Act takes effect September 1, 1993.
8-11 SECTION 13. The importance of this legislation and the
8-12 crowded condition of the calendars in both houses create an
8-13 emergency and an imperative public necessity that the
8-14 constitutional rule requiring bills to be read on three several
8-15 days in each house be suspended, and this rule is hereby suspended.