By Patterson S.B. No. 232
74R1919 GGS-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to voting in connection with judicial and law enforcement
1-3 races.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 1.005, Election Code, is amended by
1-6 amending Subdivision (20) and by adding Subdivision (25) to read as
1-7 follows:
1-8 (20) "Straight-party vote" means a vote by a single
1-9 mark, punch, or other action by the voter for all the nominees of
1-10 one political party, except nominees for judicial or law
1-11 enforcement offices, and for no other candidates.
1-12 (25) "Judicial or law enforcement office" means an
1-13 office listed in Section 52.092(g).
1-14 SECTION 2. Section 52.065, Election Code, is amended by
1-15 adding Subsection (f) to read as follows:
1-16 (f) Judicial and law enforcement offices shall appear on the
1-17 ballot in the same format as the other offices but under the
1-18 heading "Judicial and Law Enforcement Offices" after the listing of
1-19 the other offices.
1-20 SECTION 3. Section 52.066, Election Code, is amended by
1-21 adding Subsection (e) to read as follows:
1-22 (e) Judicial and law enforcement offices shall appear on the
1-23 ballot in the same format as the other offices but under the
1-24 heading "Judicial and Law Enforcement Offices" after the listing of
2-1 the other offices.
2-2 SECTION 4. Subchapter C, Chapter 52, Election Code, is
2-3 amended by adding Section 52.0661 to read as follows:
2-4 Sec. 52.0661. Separate Listing of Unopposed Judicial and Law
2-5 Enforcement Candidates. (a) Any unopposed candidates for judicial
2-6 or law enforcement offices shall be listed separately on the ballot
2-7 under the heading "Uncontested Judicial and Law Enforcement Races"
2-8 following the contested judicial and law enforcement races.
2-9 (b) In the general election for state and county officers,
2-10 the party alignment of each unopposed candidate for a judicial or
2-11 law enforcement 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 "Judicial and
2-18 Law Enforcement 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 judicial or law
2-26 enforcement 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 judicial or law enforcement 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 judicial or law
3-7 enforcement offices) by placing an 'X' in the square beside the
3-8 name of the party of your choice. If you cast a straight-party
3-9 vote <for all the nominees of one party> and also cast a vote for
3-10 an 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. Section 52.092, Election Code, is amended to read
3-14 as follows:
3-15 Sec. 52.092. Offices Regularly Filled at General Election
3-16 for State and County Officers. (a) For an election at which
3-17 offices regularly filled at the general election for state and
3-18 county officers are to appear on the ballot, the offices shall be
3-19 listed in the following order:
3-20 (1) offices of the federal government;
3-21 (2) offices of the state government:
3-22 (A) statewide offices;
3-23 (B) district offices;
3-24 (3) offices of the county government:
3-25 (A) county offices;
3-26 (B) precinct offices.
3-27 (b) Offices of the federal government shall be listed in the
4-1 following order:
4-2 (1) president and vice-president of the United States;
4-3 (2) United States senator;
4-4 (3) United States representative.
4-5 (c) Statewide offices of the state government shall be
4-6 listed in the following order:
4-7 (1) governor;
4-8 (2) lieutenant governor;
4-9 (3) attorney general;
4-10 (4) comptroller of public accounts;
4-11 (5) state treasurer;
4-12 (6) commissioner of the General Land Office;
4-13 (7) commissioner of agriculture;
4-14 (8) railroad commissioner<;>
4-15 <(9) chief justice, supreme court;>
4-16 <(10) justice, supreme court;>
4-17 <(11) presiding judge, court of criminal appeals;>
4-18 <(12) judge, court of criminal appeals>.
4-19 (d) District offices of the state government shall be listed
4-20 in the following order:
4-21 (1) member, State Board of Education;
4-22 (2) state senator;
4-23 (3) state representative;
4-24 (4) <chief justice, court of appeals;>
4-25 <(5) justice, court of appeals;>
4-26 <(6) district judge;>
4-27 <(7) criminal district judge;>
5-1 <(8) family district judge;>
5-2 <(9)> district attorney;
5-3 (5) <(10)> criminal district attorney.
5-4 (e) County offices shall be listed in the following order:
5-5 (1) county judge;
5-6 (2) <judge, county court at law;>
5-7 <(3) judge, county criminal court;>
5-8 <(4) judge, county probate court;>
5-9 <(5)> county attorney;
5-10 (3) <(6)> district clerk;
5-11 (4) <(7)> district and county clerk;
5-12 (5) <(8)> county clerk;
5-13 <(9) sheriff;>
5-14 <(10) sheriff and tax assessor-collector;>
5-15 (6) <(11)> county tax assessor-collector;
5-16 (7) <(12)> county treasurer;
5-17 (8) <(13)> county school trustee (county with
5-18 population of two million or more);
5-19 (9) <(14)> county surveyor;
5-20 (10) <(15)> inspector of hides and animals.
5-21 (f) Precinct offices shall be listed in the following order:
5-22 (1) county commissioner;
5-23 (2) <justice of the peace;>
5-24 <(3) constable;>
5-25 <(4)> public weigher.
5-26 (g) Judicial and law enforcement offices shall be listed in
5-27 the following order:
6-1 (1) chief justice, supreme court;
6-2 (2) justice, supreme court;
6-3 (3) presiding judge, court of criminal appeals;
6-4 (4) judge, court of criminal appeals;
6-5 (5) chief justice, court of appeals;
6-6 (6) justice, court of appeals;
6-7 (7) district judge;
6-8 (8) criminal district judge;
6-9 (9) family district judge;
6-10 (10) judge, county court at law;
6-11 (11) judge, county criminal court;
6-12 (12) judge, county probate court;
6-13 (13) sheriff;
6-14 (14) sheriff and tax assessor-collector;
6-15 (15) justice of the peace;
6-16 (16) constable.
6-17 (h) <(g)> If two or more offices having the same title
6-18 except for a place number or other distinguishing number are to
6-19 appear on the ballot, the number shall appear as part of the office
6-20 title and the offices shall be listed in numerical order.
6-21 (i) <(h)> The secretary of state shall assign a place number
6-22 to each position to be filled at the general election for state and
6-23 county officers for each full or unexpired term in the following
6-24 offices:
6-25 (1) justice, supreme court;
6-26 (2) judge, court of criminal appeals; and
6-27 (3) justice, court of appeals in a court having a
7-1 membership in excess of three, if distinguishing the positions to
7-2 be filled is necessary.
7-3 (j) <(i)> The secretary of state shall designate the
7-4 position of new offices on the ballot.
7-5 (k) <(j)> The office of judge of a multicounty statutory
7-6 county court created under Subchapter D, Chapter 25, Government
7-7 Code, is considered to be a county office for purposes of listing
7-8 the office on the ballot and to be a district office for all other
7-9 purposes under this code.
7-10 SECTION 8. Sections 65.007(b) and (c), Election Code, are
7-11 amended to read as follows:
7-12 (b) Except as provided by Subsection (c) or (d), each
7-13 straight-party vote shall be tallied for the party receiving the
7-14 vote instead of being tallied for the individual candidates of the
7-15 party. The total number of straight-party votes tallied for each
7-16 party shall be added to the total votes received for each of the
7-17 party nominees individually, except nominees for judicial or law
7-18 enforcement offices.
7-19 (c) If a ballot indicates a straight-party vote and a vote
7-20 for an opponent of one or more of that party's nominees, a vote
7-21 shall be counted for the opponent and for each of the party's other
7-22 nominees, except nominees for judicial or law enforcement offices,
7-23 whether or not any of those nominees have received individual
7-24 votes.
7-25 SECTION 9. Subchapter A, Chapter 124, Election Code, is
7-26 amended by amending Section 124.003 and by adding Section 124.0031
7-27 to read as follows:
8-1 Sec. 124.003. Separate Listing of Unopposed Candidates<;
8-2 Bloc Voting>. (a) Any unopposed candidates, except candidates for
8-3 judicial or law enforcement offices, may be listed separately under
8-4 the heading "Uncontested Races" on a voting system ballot or ballot
8-5 label.
8-6 (b) In an election in which the ballots indicate political
8-7 party alignment, the party alignment of the candidates listed under
8-8 the uncontested races heading shall be indicated next to the
8-9 candidate's name.
8-10 (c) Candidates listed under the uncontested races heading
8-11 may be arranged in a manner requiring voting on them as one or more
8-12 groups <blocs>, but only if an additional ballot or ballot label
8-13 would otherwise be necessary to accommodate all the candidates and
8-14 propositions to be listed.
8-15 (d) The requirement that the ballot or ballot label be
8-16 arranged to permit straight-party voting does not apply to
8-17 candidates listed under the uncontested races heading.
8-18 Sec. 124.0031. Separate Listing of Unopposed Judicial and
8-19 Law Enforcement Candidates. Candidates listed under the
8-20 uncontested judicial and law enforcement races heading may be
8-21 arranged in a manner requiring voting on them as one or more
8-22 groups, but only if an additional ballot or ballot label would
8-23 otherwise be necessary to accommodate all the candidates and
8-24 propositions to be listed.
8-25 SECTION 10. Section 124.061(b), Election Code, is amended to
8-26 read as follows:
8-27 (b) A punch-card ballot label may comprise as many separate
9-1 sheets as are necessary to list the candidates and propositions
9-2 stating measures to be voted on in an election. If more than one
9-3 sheet is used, the first sheet of the sequence must <shall>
9-4 indicate the fact that the ballot is continued on one or more
9-5 additional sheets and must indicate the sheet on which the listing
9-6 of judicial and law enforcement offices, if any, begins. Sheets in
9-7 the same sequence may be identified by any method that will
9-8 facilitate voting or ballot processing and not confuse the voters.
9-9 SECTION 11. Section 124.063(a), Election Code, is amended to
9-10 read as follows:
9-11 (a) An electronic system ballot on which a voter indicates a
9-12 vote by punching a hole in the ballot must contain the following
9-13 instruction if candidates are to be voted on: "Vote for the
9-14 candidate of your choice in each race by making a punch hole in the
9-15 space provided adjacent to the name of that candidate." The ballot
9-16 must contain the same instruction in conjunction with any judicial
9-17 or law enforcement offices appearing on the ballot. If a
9-18 proposition appears on the ballot, the ballot must contain the
9-19 following instruction: "Make a punch hole in the space provided
9-20 beside the statement indicating the way you desire to vote."
9-21 SECTION 12. This Act takes effect September 1, 1995.
9-22 SECTION 13. The importance of this legislation and the
9-23 crowded condition of the calendars in both houses create an
9-24 emergency and an imperative public necessity that the
9-25 constitutional rule requiring bills to be read on three several
9-26 days in each house be suspended, and this rule is hereby suspended.