By Danburg H.B. No. 2240
74R6352 GGS-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the election of certain judicial officers.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. The Election Code is amended by adding Title 17
1-5 to read as follows:
1-6 TITLE 17. JUDICIAL ELECTIONS
1-7 CHAPTER 291. JUDICIAL ELECTIONS
1-8 Sec. 291.001. APPLICABILITY OF CHAPTER. (a) Except as
1-9 provided by Subsection (b), all judges and justices shall be
1-10 elected in accordance with this chapter.
1-11 (b) This chapter does not apply to municipal judges,
1-12 constitutional county judges, or justices of the peace.
1-13 Sec. 291.002. METHOD OF VOTING. (a) If more than one
1-14 position is required by law to be filled at an election, all of the
1-15 positions of a particular category of court that are to be filled
1-16 at the election shall be voted on as one race by all the voters of
1-17 the territory from which the positions are elected. Each voter is
1-18 entitled to cast a number of votes equal to the number of positions
1-19 to be filled in a particular category of court at the election.
1-20 (b) A voter may cast one or more of the specified number of
1-21 votes for up to that number of candidates for those positions. A
1-22 voter may not cast more than one vote for a particular candidate.
1-23 (c) If a voter casts more than the number of votes to which
1-24 the voter is entitled in a race, none of the voter's votes may be
2-1 counted in that race. If a voter casts fewer votes than entitled,
2-2 all of the voter's votes are counted in that race.
2-3 (d) The candidates who are elected in each race are those,
2-4 in the number to be elected, receiving the highest numbers of
2-5 votes.
2-6 Sec. 291.003. Judicial Election Ballot. The judicial
2-7 offices and candidates shall be listed as a separate ballot on the
2-8 primary and general election ballot following the other offices,
2-9 under the heading "Judicial Offices."
2-10 Sec. 291.004. ORDER OF NAMES ON BALLOT. (a) The authority
2-11 responsible for having the official ballot prepared shall have the
2-12 ballots printed so that the candidates' names in each judicial race
2-13 appear in numerous random orders.
2-14 (b) The secretary of state shall prescribe the procedures
2-15 necessary to implement this section.
2-16 Sec. 291.005. APPLICABILITY OF OTHER PARTS OF CODE. The
2-17 other titles of this code apply to a judicial election held under
2-18 this chapter except provisions that are inconsistent with this
2-19 title or that cannot feasibly be applied to the election.
2-20 Sec. 291.006. ADDITIONAL PROCEDURES. The secretary of state
2-21 shall prescribe any additional procedures necessary for the orderly
2-22 and proper administration of elections held under this chapter.
2-23 CHAPTER 292. VOTER INFORMATION PAMPHLET
2-24 Sec. 292.001. APPLICABILITY OF CHAPTER. This chapter
2-25 applies to each candidate whose name is to appear on the ballot or
2-26 a list of declared write-in candidates in a judicial election held
2-27 under Chapter 291.
3-1 Sec. 292.002. STATEMENT FILED BY CANDIDATE. Not later than
3-2 the 10th day after the date of the applicable filing deadline for
3-3 the election, a candidate may file with the secretary of state an
3-4 informational statement, on a form prescribed by the secretary, to
3-5 be included in the voter information pamphlet for that election.
3-6 Sec. 292.003. STATEMENT REQUIREMENTS. (a) A candidate's
3-7 statement must include a summary of the following information:
3-8 (1) current occupation;
3-9 (2) educational and occupational background;
3-10 (3) legal or judicial experience;
3-11 (4) biographical information; and
3-12 (5) any previous experience serving in government.
3-13 (b) A statement must be signed and sworn to by the candidate
3-14 and indicate the date that the candidate swears to the statement.
3-15 (c) The secretary of state shall prescribe the format and
3-16 length of the candidate's statement.
3-17 Sec. 292.004. REVIEW BY SECRETARY OF STATE. (a) Not later
3-18 than the fifth day after the date the candidate's statement is
3-19 received, the secretary of state shall review the statement to
3-20 determine whether it complies with this chapter.
3-21 (b) If the secretary of state determines that the statement
3-22 does not comply with the applicable requirements, the secretary
3-23 shall reject the statement and deliver written notice of the reason
3-24 for the rejection to the candidate not later than the second day
3-25 after the date of rejection.
3-26 (c) A candidate whose statement is rejected may resubmit the
3-27 statement subject to the prescribed deadline.
4-1 Sec. 292.005. PREPARATION OF PAMPHLET. (a) The secretary
4-2 of state shall contract for the preparation and printing of the
4-3 voter information pamphlet after soliciting bids for that work.
4-4 The secretary may prepare or print the pamphlet if the secretary
4-5 determines that the costs of that preparation or printing are less
4-6 than or equal to the most reasonable bid submitted.
4-7 (b) The pamphlet must include the candidates' statements
4-8 that comply with this chapter, with candidates for election and
4-9 write-in candidates for election as separate groups. The order of
4-10 the candidates' names within the groups is determined by a drawing
4-11 conducted by the secretary of state.
4-12 (c) To the extent practicable, the pamphlets shall be
4-13 prepared so that they contain only candidates for offices on which
4-14 the voters receiving them will be eligible to vote.
4-15 (d) The secretary of state shall prescribe appropriate
4-16 explanatory material to be included in the pamphlet to assist the
4-17 voters.
4-18 Sec. 292.006. DISTRIBUTION OF PAMPHLET. (a) Not later than
4-19 the 45th day before the date of each judicial election, the
4-20 secretary of state shall distribute the appropriate voter
4-21 information pamphlets to each authority responsible for having the
4-22 official ballot prepared in the number requested by the authority.
4-23 (b) The pamphlets shall be distributed among the polling
4-24 places so that each voter is given a pamphlet at the same time the
4-25 voter receives a ballot.
4-26 Sec. 292.007. ADDITIONAL PROCEDURES PRESCRIBED BY SECRETARY
4-27 OF STATE. The secretary of state shall prescribe any additional
5-1 procedures necessary to implement this chapter.
5-2 SECTION 2. This Act takes effect September 1, 1995.
5-3 SECTION 3. The importance of this legislation and the
5-4 crowded condition of the calendars in both houses create an
5-5 emergency and an imperative public necessity that the
5-6 constitutional rule requiring bills to be read on three several
5-7 days in each house be suspended, and this rule is hereby suspended.