Amend CSHB 1175 by striking all below the enacting clause and
substituting the following:
SECTION 1. Section 41.002, Election Code, is amended to read
as follows:
Sec. 41.002. GENERAL ELECTION FOR STATE AND COUNTY OFFICERS.
(a) The general election for state and county officers, including
the general nonpartisan judicial election, shall be held on the
first Tuesday after the first Monday in November in even-numbered
years.
(b) Any runoff nonpartisan judicial election shall be held
on the first Tuesday after the first Monday in December following
the general election.
SECTION 2. The Election Code is amended by adding Title 17
to read 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. An appellate
justice or judge is subject to nonpartisan election in accordance
with this chapter at the last general nonpartisan judicial election
to be held before the date the justice's or judge's term expires.
Sec. 291.002. PARTY NOMINATION PROHIBITED. Nomination for a
nonpartisan judicial office by a political party is prohibited.
Sec. 291.003. VOTE REQUIRED FOR ELECTION. (a) To be
elected to a nonpartisan judicial office, a candidate must receive
a majority of the total number of votes received by all candidates
for the office.
(b) If no candidate for a particular office receives the
vote required for election, a runoff election for that office is
required. Except as otherwise provided by this chapter, Subchapter
B, Chapter 2, applies to a runoff election held under this chapter.
Sec. 291.004. APPLICABILITY OF OTHER PARTS OF CODE. The
other titles of this code apply to a nonpartisan judicial election
except provisions that are inconsistent with this title or that
cannot feasibly be applied in a nonpartisan judicial election.
Sec. 291.005. ADDITIONAL PROCEDURES. The secretary of state
shall prescribe any additional procedures necessary for the orderly
and proper administration of elections held under this chapter.
Sections 291.006-291.020 reserved for expansion
SUBCHAPTER B. APPLICATION FOR PLACE ON BALLOT
Sec. 291.021. APPLICATION REQUIRED. (a) To be entitled to
a place on the nonpartisan judicial election ballot, a candidate
must make an application for a place on the ballot.
(b) An application must, in addition to complying with
Section 141.031, be accompanied by the appropriate filing fee or,
instead of the filing fee, a petition that satisfies the
requirements prescribed by Section 141.062.
(c) An application filed by mail is considered to be filed
at the time of its receipt by the appropriate authority.
(d) A candidate for an office specified by Section
291.024(a)(3) who chooses to pay the filing fee must also accompany
the application with a petition that complies with the requirements
prescribed for the petition authorized by Subsection (b), except
that the minimum number of signatures that must appear on the
petition required by this subsection is 250. If the candidate
chooses to file the petition authorized by Subsection (b) instead
of the filing fee, the minimum number of signatures required for
that petition is increased by 250. Signatures on a petition filed
under this subsection or Subsection (b) by a candidate covered by
this subsection may not be obtained on the grounds of a county
courthouse or courthouse annex.
Sec. 291.022. AUTHORITY WITH WHOM APPLICATION FILED. An
application for a place on the nonpartisan judicial election ballot
must be filed with the secretary of state.
Sec. 291.023. REGULAR FILING DEADLINE. (a) An application
for a place on the nonpartisan judicial election ballot must be
filed not later than 5 p.m. of the 70th day before election day,
except as provided by Section 291.053.
(b) An application may not be filed earlier than the 30th
day before the date of the regular filing deadline.
Sec. 291.024. ]VFiling Fee . (a) The filing fee for a
nonpartisan judicial candidate is as follows:
(1) office elected statewide ................... 3,000
(2) chief justice or justice, court of appeals, other
than a justice specified by Subdivision (3) ............. 1,500
(3) chief justice or justice of a court of appeals
that serves a court of appeals district in which a county with a
population of more than one million is wholly or partly situated
............................................................. 2,000
(b) A filing fee received by the secretary of state shall be
deposited in the state treasury to the credit of the general
revenue fund.
Sec. 291.025. ]VNumber of Petition Signatures Required . The
minimum number of signatures that must appear on the petition
authorized by Section 291.021 is:
(1) for a statewide office, 5,000; or
(2) for a district office, the lesser of:
(A) 500; or
(B) two percent of the total vote received in
the district by all the candidates for governor in the most recent
gubernatorial general election.
Sec. 291.026. ]VStatement on Petition . The following
statement must appear at the top of each page of a petition to be
filed under Section 291.021: "I know that the purpose of this
petition is to entitle (insert candidate's name) to have his or her
name placed on the ballot for the office of (insert office title,
including any place number or other distinguishing number) for the
nonpartisan judicial election."
Sec. 291.027. ]VCertification of Names for Placement on
Nonpartisan Judicial Election Ballot . (a) Except as provided by
Subsection (c), the secretary of state shall certify in writing for
placement on the nonpartisan judicial election ballot the name of
each candidate who files with the secretary an application that
complies with Section 291.021(b).
(b) Not later than the 55th day before election day, the
secretary of state shall deliver the certification to the authority
responsible for having the official ballot prepared in each county
in which the candidate's name is to appear on the ballot.
(c) A candidate's name may not be certified:
(1) if, before delivering the certification, the
secretary of state learns that the name is to be omitted from the
ballot under Section 291.054; or
(2) for an office for which the candidate's
application is invalid under Section 141.033.
Sections 291.028-291.050 reserved for expansion
SUBCHAPTER C. WITHDRAWAL, DEATH, AND INELIGIBILITY
OF CANDIDATE
Sec. 291.051. ]VWithdrawal, Death, or Ineligibility Generally .
With respect to withdrawal, death, or ineligibility of a candidate
in a nonpartisan judicial election, this subchapter supersedes
Subchapter A, Chapter 145, to the extent of any conflict.
Sec. 291.052. ]VWithdrawal From Nonpartisan Judicial Election .
(a) A candidate may not withdraw from the nonpartisan judicial
election after the 65th day before election day.
(b) A withdrawal request must be filed with the authority
with whom the withdrawing candidate's application for a place on
the ballot is required to be filed.
Sec. 291.053. ]VExtended Filing Deadline . (a) The deadline
for filing an application for a place on the nonpartisan judicial
election ballot is extended as provided by this section if a
candidate who has made an application that complies with the
applicable requirements:
(1) dies on or after the fifth day before the date of
the regular filing deadline and on or before the 65th day before
election day;
(2) holds the office for which the application was
made and withdraws or is declared ineligible on or after the date
of the regular filing deadline and on or before the 65th day before
election day; or
(3) withdraws or is declared ineligible during the
period prescribed by Subdivision (2), and at the time of the
withdrawal or declaration of ineligibility no other candidate has
made an application that complies with the applicable requirements
for the office sought by the withdrawn or ineligible candidate.
(b) An application for an office sought by a withdrawn,
deceased, or ineligible candidate must be filed not later than
5 p.m. of the 60th day before election day.
(c) If the deadline for filing applications is extended,
notice of the extended filing shall be given in the same manner as
provided for a primary election.
Sec. 291.054. ]VWithdrawn, Deceased, or Ineligible Candidate's
Name Omitted From Ballot . A candidate's name shall be omitted from
the nonpartisan judicial election ballot if the candidate
withdraws, dies, or is declared ineligible on or before the 65th
day before election day.
Sec. 291.055. ]VDeceased or Ineligible Candidate's Name to
Appear on Ballot . If a candidate who has made an application for a
place on the nonpartisan judicial election ballot that complies
with the applicable requirements dies or is declared ineligible
after the 65th day before election day, the candidate's name shall
be placed on the ballot.
Sec. 291.056. WITHDRAWAL FROM RUNOFF. (a) A candidate may
not withdraw from the runoff nonpartisan judicial election after 5
p.m. of the 10th day after the date of the general nonpartisan
judicial election.
(b) A withdrawal request for the runoff must be filed with
the authority with whom the withdrawing candidate's application for
a place on the ballot is required to be filed.
(c) If a runoff candidate withdraws, the remaining candidate
is the winner and the runoff election for that office is not held.
Sec. 291.057. DECEASED OR INELIGIBLE CANDIDATE'S NAME TO
APPEAR ON RUNOFF BALLOT. If a candidate in the runoff nonpartisan
judicial election dies or is declared ineligible before runoff
election day, the candidate's name shall be placed on the ballot.
Sections 291.058-291.070 reserved for expansion
SUBCHAPTER D. CONDUCT OF ELECTION
Sec. 291.071. ]VNonpartisan Judicial Election Ballot . The
nonpartisan judicial offices and candidates shall be listed as a
separate ballot on the general election ballot following the
partisan offices under the heading "Election For Nonpartisan
Judicial Offices."
Sec. 291.072. ]VGeneral Procedure for Conduct of Nonpartisan
Judicial Election . Except as otherwise provided by this code, the
nonpartisan judicial election shall be conducted and the results
canvassed, tabulated, and reported in the manner applicable to
partisan offices in the general election for state and county
officers.
Sec. 291.073. CERTIFICATION OF CANDIDATES FOR PLACEMENT ON
RUNOFF BALLOT. (a) The secretary of state shall certify in
writing for placement on the runoff nonpartisan judicial election
ballot the name of each candidate who is to be a candidate in the
runoff.
(b) The secretary of state shall deliver the certification
to the authority responsible for having the official ballot
prepared in each affected county as soon as practicable after the
state canvass of the general nonpartisan judicial election is
completed.
Sec. 291.074. GENERAL PROCEDURE FOR CONDUCT OF RUNOFF
NONPARTISAN JUDICIAL ELECTION. The runoff nonpartisan judicial
election shall be conducted and the results canvassed, tabulated,
and reported in the same manner as the general nonpartisan judicial
election.
SECTION 3. Section 1.005, Election Code, is amended by
amending Subdivision (9) and by adding Subdivisions (25) and (26)
to read as follows:
(9) "Independent candidate" means a candidate in a
nonpartisan election or a candidate in a partisan election who is
not the nominee of a political party. The term does not include a
nonpartisan judicial candidate.
(25) "Nonpartisan judicial election" means an election
held under Title 17.
(26) "Nonpartisan judicial candidate" means a
candidate in a nonpartisan judicial election.
SECTION 4. Section 52.092, Election Code, is amended by
amending Subsections (a), (c), (d), and (g)-(j) and by adding
Subsection (k) to read as follows:
(a) For an election at which offices regularly filled at the
general election for state and county officers, including the
nonpartisan judicial election, are to appear on the ballot, the
offices shall be listed in the following order:
(1) offices of the federal government;
(2) offices of the state government:
(A) statewide offices;
(B) district offices;
(3) offices of the county government:
(A) county offices;
(B) precinct offices.
(c) Statewide offices of the state government shall be
listed in the following order:
(1) governor;
(2) lieutenant governor;
(3) attorney general;
(4) comptroller of public accounts;
(5) <state treasurer;>
<(6)> commissioner of the General Land Office;
(6) <(7)> commissioner of agriculture;
(7) <(8)> railroad commissioner<;>
<(9) chief justice, supreme court;>
<(10) justice, supreme court;>
<(11) presiding judge, court of criminal appeals;>
<(12) judge, court of criminal appeals>.
(d) District offices of the state government shall be listed
in the following order:
(1) member, State Board of Education;
(2) state senator;
(3) state representative;
(4) <chief justice, court of appeals;>
<(5) justice, court of appeals;>
<(6)> district judge;
(5) <(7)> criminal district judge;
(6) <(8)> family district judge;
(7) <(9)> district attorney;
(8) <(10)> criminal district attorney.
(g) The nonpartisan judicial offices shall be listed in the
following order:
(1) chief justice, supreme court;
(2) justice, supreme court;
(3) presiding judge, court of criminal appeals;
(4) judge, court of criminal appeals;
(5) chief justice, court of appeals;
(6) justice, court of appeals.
(h) <(g)> If two or more offices having the same title
except for a place number or other distinguishing number are to
appear on the ballot, the number shall appear as part of the office
title and the offices shall be listed in numerical order.
(i) <(h)> The secretary of state shall assign a place number
to each position to be filled at the nonpartisan judicial <general>
election for <state and county officers for each full or unexpired
term in> the following offices:
(1) justice, supreme court;
(2) judge, court of criminal appeals; and
(3) justice, court of appeals in a court having a
membership in excess of three, if distinguishing the positions to
be filled is necessary.
(j) <(i)> The secretary of state shall designate the
position of new offices on the ballot.
(k) <(j)> The office of judge of a multicounty statutory
county court created under Subchapter D, Chapter 25, Government
Code, is considered to be a county office for purposes of listing
the office on the ballot and to be a district office for all other
purposes under this code.
SECTION 5. Section 67.003, Election Code, is amended to read
as follows:
Sec. 67.003. TIME FOR LOCAL CANVASS. Each local canvassing
authority shall convene to conduct the local canvass not earlier
than the second day or later than the sixth day after election day
at the time set by the canvassing authority's presiding officer,
except that the canvass for the nonpartisan judicial election shall
be conducted not later than the third day after election day.
SECTION 6. Section 67.012(a), Election Code, is amended to
read as follows:
(a) The governor shall conduct the state canvass not earlier
than the 15th or later than the 30th day after election day at the
time set by the secretary of state, except that the canvass for the
nonpartisan judicial election shall be conducted not later than the
14th day after election day.
SECTION 7. Section 141.001(a), Election Code, is amended to
read as follows:
(a) To be eligible to be a candidate for, or elected or
appointed to, a public elective office in this state, a person
must:
(1) be a United States citizen;
(2) be 18 years of age or older on the first day of
the term to be filled at the election or on the date of
appointment, as applicable;
(3) have not been determined mentally incompetent by a
final judgment of a court;
(4) have not been finally convicted of a felony from
which the person has not been pardoned or otherwise released from
the resulting disabilities;
(5) have resided continuously in the state for 12
months and in the territory from which the office is elected for
six months immediately preceding the following date:
(A) for a candidate whose name is to appear on a
general primary election ballot, the date of the regular filing
deadline for a candidate's application for a place on the ballot;
(B) for an independent candidate or a
nonpartisan judicial candidate, the date of the regular filing
deadline for a candidate's application for a place on the ballot;
(C) for a write-in candidate, the date of the
election at which the candidate's name is written in;
(D) for a party nominee who is nominated by any
method other than by primary election, the date the nomination is
made; and
(E) for an appointee to an office, the date the
appointment is made; and
(6) satisfy any other eligibility requirements
prescribed by law for the office.
SECTION 8. Section 145.003(b), Election Code, is amended to
read as follows:
(b) A candidate in the general election for state and county
officers, including the nonpartisan judicial election, may be
declared ineligible before the 30th day preceding election day by:
(1) the party officer responsible for certifying the
candidate's name for placement on the general election ballot, in
the case of a candidate who is a political party's nominee; or
(2) the authority with whom the candidate's
application for a place on the ballot is required to be filed, in
the case of an independent candidate or a nonpartisan judicial
candidate, as applicable.
SECTION 9. Section 145.005(a), Election Code, is amended to
read as follows:
(a) If the name of a deceased or ineligible candidate
appears on the ballot <under this chapter>, the votes cast for the
candidate shall be counted and entered on the official election
returns in the same manner as for the other candidates.
SECTION 10. Section 146.021, Election Code, is amended to
read as follows:
Sec. 146.021. ]SAPPLICABILITY OF SUBCHAPTER . This subchapter
applies to a write-in candidate for an office that is to be voted
on at the general election for state and county officers, including
the nonpartisan judicial election.
SECTION 11. Sections 172.021(c) and (e), Election Code, are
amended to read as follows:
(c) An application filed by mail is considered to be filed
at the time of its receipt by the appropriate authority.
(e) A candidate for an office specified by Section
172.024(a)(8) or <,> (10)<, or (12)>, or for justice of the peace
in a county with a population of more than one million <850,000>,
who chooses to pay the filing fee must also accompany the
application with a petition that complies with the requirements
prescribed for the petition authorized by Subsection (b), except
that the minimum number of signatures that must appear on the
petition required by this subsection is 250. If the candidate
chooses to file the petition authorized by Subsection (b) instead
of the filing fee, the minimum number of signatures required for
that petition is increased by 250. Signatures on a petition filed
under this subsection or Subsection (b) by a candidate covered by
this subsection may not be obtained on the grounds of a county
courthouse or courthouse annex.
SECTION 12. Section 172.024(a), Election Code, is amended to
read as follows:
(a) The filing fee for a candidate for nomination in the
general primary election is as follows:
(1) United States senator ..................... $4,000
(2) office elected statewide, except United States
senator .................................... 3,000
(3) United States representative ............... 2,500
(4) state senator .............................. 1,000
(5) state representative ......................... 600
(6) member, State Board of Education ............. 250
(7) <chief justice or justice, court of appeals, other
than a justice specified by Subdivision (8)
.......................................... 1,500>
<(8) chief justice or justice of a court of appeals
that serves a court of appeals district in which
a county with a population of more than 850,000
is wholly or partly situated ............. 2,000>
<(9)> district judge or judge specified by Section
52.092(d) for which this schedule does not
otherwise prescribe a fee ................ 1,200
(8) <(10)> district or criminal district judge of a
court in a judicial district wholly contained in
a county with a population of more than one
million <850,000> ........................ 2,000
(9) <(11)> judge, statutory county court, other than a
judge specified by Subdivision (10) <(12)>
.......................................... 1,200
(10) <(12)> judge of a statutory county court in a
county with a population of more than one
million <850,000> ........................ 2,000
(11) <(13)> district attorney, criminal district
attorney, or county attorney performing the
duties of a district attorney ............ 1,000
(12) <(14)> county commissioner or judge,
constitutional county court:
(A) county with a population of 200,000
or more ............................... 1,000
(B) county with a population of under
200,000 ................................. 600
(13) <(15)> justice of the peace or constable:
(A) county with a population of 200,000
or more ................................. 800
(B) county with a population of under
200,000 ................................. 300
(14) <(16)> county surveyor, inspector of hides and
animals, or public weigher .................... 50
(15) <(17)> office of the county government for
which this schedule does not otherwise
prescribe a fee ............................. 600
SECTION 13. Section 202.001, Election Code, is amended to
read as follows:
Sec. 202.001. APPLICABILITY OF CHAPTER. (a) This chapter
applies to elective offices of the state and county governments
except the offices of state senator and state representative.
(b) This chapter does not apply to the office of justice or
judge of an appellate court.
SECTION 14. Each supreme court justice, court of criminal
appeals judge, and court of appeals justice in office January 1,
1998, unless otherwise removed as provided by law, continues in
office for the term to which elected.
SECTION 15. This Act takes effect only if the constitutional
amendment proposed by the 75th Legislature, Regular Session, 1997,
relating to the filling by gubernatorial appointment of vacancies
in the offices of appellate justices and judges and to the
nonpartisan election of those justices and judges is adopted. If
the amendment is adopted, this Act takes effect January 1, 1998.
SECTION 16. The importance of this legislation and the
crowded condition of the calendars in both houses create an
emergency and an imperative public necessity that the
constitutional rule requiring bills to be read on three several
days in each house be suspended, and this rule is hereby suspended.