BILL ANALYSIS
S.B. 313
By: Ellis
Jurisprudence
4-19-95
Committee Report (Unamended)
BACKGROUND
District judges are currently elected by countywide, at-large
elections. In counties with large urban areas, this process often
dilutes minority voting strength. While approximately 40 percent
of Texans are people of color, fewer than 10 percent of Texas
judges are minorities. In last November's election in Harris
County, all minority candidates of both parties were defeated. In
recent years, the United States Justice Department has blocked the
creation of several new courts in Texas because of the department's
objection under the Voting Rights Act to the Texas judicial
election system.
In addition, judicial elections are on a partisan ballot, even
though judges must be nonpartisan in office. Appellate court
elections force judges to raise large amounts of money with which
to conduct campaigns. Several states have already implemented a
system of appointing judges who are subject to voter approval in
periodic retention elections.
PURPOSE
As proposed, S.B. 313 provides for the appointment of appellate
justices and judges, establishes nonpartisan judicial elections for
district judges, sets forth the procedure for the election and
retention of the offices, and creates certain judicial districts.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Chapter 22, Government Code, by adding Subchapter
E, as follows:
SUBCHAPTER E. APPOINTMENT AND RETENTION OF CERTAIN
JUDICIAL OFFICERS
Sec. 22.401. SUBJECT TO RETENTION ELECTION. (a) Subjects a
justice or judge to retention or rejection at the last general
election of state and county officers (general election) to be
held before the date the justice's or judge's term expires.
(b) Requires the vacancy existing if a justice or judge does
not seek retention, or withdraws from the retention
election, to be filled in the regular manner.
(c) Requires the vacancy existing, if the justice or judge
seeks retention and the name is omitted from the retention
election ballot, to be filled in the regular manner.
Sec. 22.402. EFFECT OF RETENTION VOTE. (a) Entitles the
justice or judge to remain in office for a regular term
beginning on the following January 1, if a majority of the
votes are for the retention of the person, with an exception.
(b) Requires the vacancy existing the following January 1,
if less than a majority of votes are for the retention of
the justice or judge, to be filled in the regular manner.
(c) Provides that the retention election for a justice or
judge has no effect if the name of the person appears on the
retention ballot although a vacancy has occurred in the
office and requires the vacancy to be filled in the regular
manner.
SECTION 2. Amends Chapter 24A, Government Code, by adding Sections
24.0015-24.0017, as follows:
Sec. 24.0015. ELECTION FROM COMMISSIONERS COURT PRECINCT IN
POPULOUS COUNTIES. (a) Requires the judges of the judicial
districts composed entirely of a county with a population
greater than one million to be elected from commissioners
court precincts.
(b) Requires the secretary of state (secretary) to supervise
the drawing of lots to determine the number of the
commissioners court precinct from which each of the district
judges is elected. Requires an equal number of district
judges to be elected from each commissioners court precinct.
Sec. 24.0016. ELECTION AND RETENTION CYCLE. (a) Provides
that the office of district judge is filled by election at the
nonpartisan judicial election (nonpartisan election), with the
exceptions noted in Chapter 22E.
(b) Subjects a district judge to a nonpartisan retention or
rejection election at the end of the term to which a
district judge is elected, and at the end of the immediately
following continuous term in that office.
(c) Provides that the office is filled by election at the
end of a second continuous term in which a judge has been
retained in office.
(d) Entitles the qualified voters of the entire judicial
district to vote on the retention or rejection of a judge.
(e) Requires the succeeding term of a judge not seeking
retention or whose name is omitted from the retention
election ballot to be filled at the subsequent election.
Sec. 24.0017. EFFECT OF RETENTION VOTE. (a) Entitles a judge
to remain in office for four years beginning on the following
January 1 if the majority of votes are for the retention, with
an exception.
(b) Requires the vacancy occurring the following January 1
to be filled in the regular manner if less than a majority
of votes are for retention.
(c) Provides that a retention election has no effect and
requires the vacancy to be filled in the regular manner if
the name of a deceased or ineligible judge appears on the
retention election ballot.
SECTION 3. Amends Chapter 24C, Government Code, by adding Sections
24.523-24.529 and Section 24.531, as follows:
Sec. 24.523. Provides that the 378th judicial district is
composed of Bexar County.
Secs. 24.524-24.526. Provide that the 379th-381st judicial
districts are composed of Dallas County.
Secs. 24.527. Provides that the 382nd judicial district is
composed of Harris County.
Secs. 24.528-24.531. Provide that the 383rd, 384th and 386th
judicial districts are composed of Tarrant County.
SECTION 4. Amends Section 41.002, Election Code, to require the
nonpartisan election to be held on the same day as the general
election.
SECTION 5. Amends the Election Code by adding Title 17, as follows:
TITLE 17. NONPARTISAN JUDICIAL ELECTIONS
CHAPTER 291. NONPARTISAN JUDICIAL ELECTION
SUBCHAPTER A. NONPARTISAN ELECTION OF JUDGES GENERALLY
Sec. 291.001. APPLICABILITY OF CHAPTER. Applies this chapter
only to a judicial office required to be elected at the
nonpartisan election.
Sec. 291.002. PARTY NOMINATION PROHIBITED. Prohibits
nomination for a nonpartisan judicial office by a political
party.
Sec. 291.003. APPLICABILITY OF OTHER PARTS OF CODE. Applies
other titles of this code to the nonpartisan election, except
provisions that are inconsistent or cannot be reasonably
applied.
Sec. 291.004. ADDITIONAL PROCEDURES. Requires the secretary
to prescribe any additional procedures necessary for the
orderly administration of elections.
SUBCHAPTER B. APPLICATION FOR PLACE ON BALLOT
Sec. 291.021. APPLICATION REQUIRED. (a) Requires a candidate
to make an application for a place on the nonpartisan judicial
election ballot (ballot).
(b) Requires an application to comply with Section 141.031
and be accompanied by the appropriate filing fee or a
petition satisfying the requirements of Section 141.062.
(c) Provides that an application filed by mail is considered
to be filed upon its receipt by the appropriate authority.
(d) Requires a candidate who chooses to pay the filing fee
to accompany the application with a petition that complies
with the requirements of Subsection (b), except that the
minimum number of signatures required is 250. Provides that
if the candidate chooses to file the petition instead of the
filing fee, the minimum number of signatures required is
increased by 250. Prohibits obtaining petition signatures
on the grounds of a county courthouse.
Sec. 291.022. AUTHORITY WITH WHOM APPLICATION FILED.
Requires an application for a place on the ballot to be filed
with the secretary.
Sec. 291.023. REGULAR FILING DEADLINE. (a) Requires an
application for a place on the ballot to be filed within a
specified time period, with exceptions.
(b) Prohibits an application from being filed earlier than
30 days before the regular filing deadline.
Sec. 291.024. FILING FEE. (a) Sets forth filing fees for
nonpartisan judicial candidates.
(b) Requires a filing fee received by the secretary to be
deposited in the state treasury general fund.
Sec. 291.025. NUMBER OF PETITION SIGNATURES REQUIRED. Sets
forth the minimum number of signatures that are required to
appear on the petition.
Sec. 291.026. STATEMENT ON PETITION. Sets forth the language
for a statement that is required to appear on each page of the
petition.
Sec. 291.027. CERTIFICATION OF NAMES FOR PLACEMENT ON
NONPARTISAN JUDICIAL ELECTION BALLOT. (a) Requires the
secretary to certify for placement on the ballot the name of
each candidate who files an application that complies with
applicable requirements, with an exception.
(b) Requires the secretary to deliver the certification to
the authority responsible for having the official ballot
prepared at least 55 days before the nonpartisan election.
(c) Prohibits a candidate's name from being certified under
certain circumstances.
SUBCHAPTER C. WITHDRAWAL, DEATH, AND INELIGIBILITY OF CANDIDATE
Sec. 291.051. WITHDRAWAL, DEATH, OR INELIGIBILITY GENERALLY.
Provides that this subchapter supersedes Chapter 145A with
respect to withdrawal, death, or ineligibility of a candidate
in a nonpartisan election.
Sec. 291.052. WITHDRAWAL FROM NONPARTISAN JUDICIAL ELECTION.
(a) Prohibits a candidate from withdrawing from a nonpartisan
election within 65 days of election day.
(b) Requires a withdrawal request to be filed with the
authority with whom the application for a place on the
ballot is required to be filed.
Sec. 291.053. EXTENDED FILING DEADLINE. (a) Provides that
the filing deadline is extended under certain circumstances if
a candidate has made an application that complies with
applicable requirements.
(b) Extends the filing deadline if a candidate for retention
who has made a declaration of candidacy dies, withdraws, or
is declared ineligible within five days of the regular
filing deadline and at least 65 days before the election.
(c) Requires an application for an office sought by a
withdrawn, deceased, or ineligible candidate to be filed at
least 60 days before election day.
Sec. 291.054. WITHDRAWN, DECEASED, OR INELIGIBLE CANDIDATE'S
NAME OMITTED FROM BALLOT. Requires a candidate's name to be
omitted from the ballot if the candidate withdraws, dies, or
is declared ineligible at least 65 days before election day.
Sec. 291.055. DECEASED OR INELIGIBLE CANDIDATE'S NAME TO
APPEAR ON BALLOT. Requires the candidate's name to be placed
on the ballot if a candidate who has made an application for
the ballot dies or is declared ineligible within 65 days of
the election.
SUBCHAPTER D. CONDUCT OF ELECTION
Sec. 291.071. NONPARTISAN JUDICIAL ELECTION BALLOT. Requires
nonpartisan judicial offices and candidates to be listed as a
separate ballot on the general election ballot under a
specified heading.
Sec. 291.072. GENERAL PROCEDURE FOR CONDUCT OF NONPARTISAN
JUDICIAL ELECTION. Requires the nonpartisan election to be
conducted and the results tallied in the manner of partisan
offices in the general election, except as provided by this
code.
CHAPTER 292. RETENTION ELECTION
Sec. 292.001. DECLARATION OF CANDIDACY. (a) Requires a
justice or judge who seeks to continue to serve in office to
file with the secretary a declaration of candidacy within a
specified time frame.
(b) Prohibits a declaration from being filed earlier than 30
days before the filing deadline. Provides that a
declaration filed by mail is considered filed upon its
receipt by the appropriate authority.
(c) Provides that the filling of the office for which a
declaration of candidacy is not filed is covered by Chapter
22 or 24, Government Code.
Sec. 292.002. WITHDRAWAL, DEATH, OR INELIGIBILITY. (a)
Provides that this section supersedes Chapter 145A with
respect to withdrawal, death, or ineligibility of a candidate.
(b) Prohibits a candidate from withdrawing from the
retention election within 65 days of election day.
(c) Requires a withdrawal request to be filed with the
authority with whom the candidate's declaration of candidacy
is required to be filed.
(d) Requires a candidate's name to be omitted from the
retention election ballot if the candidate withdraws, dies,
or is declared ineligible at least 65 days before election
day.
(e) Requires the candidate's name to be placed on the
retention election ballot if a candidate who has made a
declaration of candidacy dies or is declared ineligible
within 65 days of election day.
(f) Provides that the filling of the office following
implementation of Subsection (d) or (e) is covered by
Chapter 22 or 24, Government Code.
Sec. 292.003. CERTIFICATION OF NAMES FOR PLACEMENT ON
RETENTION ELECTION BALLOT. (a) Requires the secretary to
certify for placement on the retention ballot the name of each
candidate who files a declaration of candidacy, with an
exception.
(b) Requires the secretary to deliver the certification to
the authority responsible for having the official ballot
prepared at least 55 days before election day.
(c) Prohibits a candidate's name from being certified if,
before certification, the secretary learns that the name is
to be omitted from the ballot.
Sec. 292.004. RETENTION ELECTION BALLOT. Requires the name
of the person subject to retention or rejection to be
submitted to the voters on the nonpartisan election ballot
following the offices subject to election under a specified
heading and in a generally specified form.
Sec. 292.005. GENERAL PROCEDURE FOR CONDUCT OF RETENTION
ELECTION. (a) Requires the retention election to be conducted
and the results tallied in the manner applicable to partisan
offices in the general election.
(b) Requires a certificate of election to be issued to a
retained officer in the same manner as provided for a
candidate elected to the office.
Sec. 292.006. WRITE-IN VOTING PROHIBITED. Provides that
write-in voting is not permitted in a retention election.
Sec. 292.007. POLITICAL CONTRIBUTIONS AND EXPENDITURES.
Requires a candidate for retention of a judicial office to
comply with Title 15 in the same manner as a candidate for
election to the office.
Sec. 292.008. APPLICABILITY OF OTHER PARTS OF CODE. Applies
other titles of this code to a retention election, except
provisions that are inconsistent or cannot be feasibly
applied.
Sec. 292.009. ADDITIONAL PROCEDURES. Requires the secretary
to prescribe any additional procedures necessary for the
orderly administration of elections.
CHAPTER 293. VOTER INFORMATION PAMPHLET
Sec. 293.001. APPLICABILITY OF CHAPTER. Applies this
chapter to each candidate whose name is to appear on the
ballot or declared write-in candidates in the nonpartisan
election.
Sec. 293.002. STATEMENT FILED BY CANDIDATE. Authorizes a
candidate, at least 70 days before the election, to file with
the secretary an informational statement to be included in the
voter information pamphlet.
Sec. 293.003. STATEMENT REQUIREMENTS. Requires a candidate's
statement to include a summary of certain personal information
in a format prescribed by the secretary.
Sec. 293.004. REVIEW BY SECRETARY OF STATE. (a) Requires the
secretary to review the statement within five days of
receiving the statement.
(b) Requires the secretary to reject the statement if the
secretary determines that the statement does not comply with
the applicable requirements and to provide written notice
for this rejection within two days of the rejection.
(c) Authorizes the candidate whose statement is rejected to
resubmit the statement subject to the prescribed deadline.
Sec. 293.005. PREPARATION OF PAMPHLET. (a) Requires the
secretary to contract for the production of the voter
information pamphlet after soliciting bids. Authorizes the
secretary to produce the pamphlet if the costs of that
production are no more than the most reasonable bid submitted.
(b) Requires the pamphlet to include the candidates'
statement with candidates for election, write-in candidates
for election, and candidates for retention as separate
groups. Provides that the order of the candidates' names
within the groups is determined by the secretary's drawing.
(c) Requires the pamphlets to be prepared so that they
contain only candidates for offices on which the voters
receiving them will be voting.
(d) Requires the secretary to prescribe appropriate
explanatory material to be included in the pamphlet.
Sec. 293.006. DISTRIBUTION OF PAMPHLET. Requires the
secretary to mail the appropriate voter information pamphlet
to each household with a registered voter at least 45 days
before the nonpartisan election.
Sec. 293.007. ADDITIONAL PROCEDURES PRESCRIBED BY SECRETARY
OF STATE. Requires the secretary to prescribe any additional
procedures necessary to implement this chapter.
SECTION 6. Amends Section 1.005, Election Code, by amending
Subdivision (9) and by adding Subdivisions (25) and (26), as
follows:
(9) Provides that the term "independent candidate" does not
include a nonpartisan judicial candidate.
(25) Defines "nonpartisan judicial election."
(26) Defines "nonpartisan judicial candidate."
SECTION 7. Amends Section 52.092, Election Code, as follows:
Sec. 52. (a)-(f) Make conforming changes.
(g) Sets forth the required order for listing nonpartisan
judicial offices.
(h) Created from existing Subsection (g).
(i) Created from existing Subsection (h). Requires the
secretary to assign a place number for each position for
which a retention, rather than general, election is to be
held.
(j)-(k) Redesignate existing Subsections (i)-(j).
SECTION 8. Amends Section 141.001(a), Election Code, to provide
that candidates for nonpartisan judicial elections, other than
candidates for retention, must have resided continuously in the
state for the same specified period as an independent candidate.
SECTION 9. Amends Section 145.003(b), Election Code, to provide
that conditions for ineligibility for candidates in nonpartisan
judicial elections are the same as for candidates in the general
election.
SECTION 10. Amends Section 145.005(a), Election Code, to make a
conforming change.
SECTION 11. Amends Section 146.021, Election Code, to provide
that this subchapter applies to write-in candidates, including
candidates to the nonpartisan judicial election.
SECTION 12. Amends Sections 172.021(c) and (e), Election Code,
to make conforming and nonsubstantive changes.
SECTION 13. Amends Section 172.024(a), Election Code, to make
conforming changes.
SECTION 14. Amends Chapter 202, Election Code, by amending
Section 202.002 and by adding Section 202.008, as follows:
Sec. 202.002. VACANCY FILLED AT GENERAL ELECTION. Makes
conforming changes.
Sec. 202.008. FILING DEADLINE FOR APPLICATION OF NONPARTISAN
JUDICIAL CANDIDATE. (a) Requires an application for election
to be filed by the regular filing deadline if a vacancy in a
nonpartisan judicial office occurs at least 10 days before the
regular deadline for filing for a place on the ballot.
(b) Sets forth the required procedure for filing an
application for election if the vacancy occurs within 10
days of the regular filing deadline.
SECTION 15. (a) Makes application of this Act prospective.
(b) Provides that terms of district judges elected to full
terms in the general election in 1992 expire January 1, 1997.
Provides that terms of district judges elected to full terms
in the general election in 1994 expire January 1, 1999.
(c) Requires the first nonpartisan election to be November
1996. Provides that district judges elected to office for the
terms provided by Subsection (b) stand for reelection or
retention in accordance with this subsection. Subjects the
judge to a retention election in the last year of the term and
at each applicable subsequent nonpartisan election, until the
judge has served 12 consecutive years in office. Provides
that after 12 consecutive years, the office is filled by
election from the judicial district or commissioners court.
Provides that if the judge is reelected, the term is
considered the first term to which the judge has been elected.
SECTION 16. (a) Provides that justices and judges from the
supreme court, court of criminal appeals and court of appeals in
office January 1, 1996, continue in office for the term, unless
otherwise removed.
(b) Subjects each supreme court justice, court of criminal
appeals judge, and court of appeals justice in office January
1, 1996, to confirmation or rejection at the general election
preceding the expiration of the regular or unexpired term.
Provides that a vacancy does not exist in those offices until
the expiration of the term of the person who held the office
January 1, 1996, or until that person does not hold the
office.
SECTION 17. Provides that this Act takes effect only if the
relating constitutional amendment is adopted. Provides that if the
amendment is adopted, this Act takes effect January 1, 1996.
SECTION 18. Emergency clause.