Amend the Thompson amendment to CSHB 1175 by inserting
appropriately numbered sections as follows and renumbering
remaining sections accordingly:
SECTION ____. 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. (a) A district
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 judge's term expires.
(b) The judges of the judicial districts composed entirely
of a county with a population of 575,000 or more shall be elected
from justice precincts.
(c) The secretary of state shall supervise the drawing of
lots to determine the number of the justice precinct from which
each of the district judges is elected. An equal number of district
judges shall be elected from each justice precinct in a county.
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)(2) 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. FILING FEE. (a) The filing fee for a
nonpartisan judicial candidate is as follows:
(1) district judge, criminal district judge, or family
district judge, other than a judge specified by Subdivision (2)
............................................................ $1,200
(2) district of criminal district judge of a court in
a judicial district wholly contained in a county with a population
of more than one million ................................... $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. Number of Petition Signatures Required . The
minimum number of signatures that must appear on the petition
authorized by Section 291.021 is 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 ____. Section 52.092, Election Code, is amended by
amending Subsections (a), (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.
(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;>
<(7) criminal district judge;>
<(8) family district judge;>
(6) <(9)> district attorney;
(7) <(10)> criminal district attorney.
(g) The nonpartisan judicial offices shall be listed in the
following order:
(1) district judge;
(2) criminal district judge;
(3) family district judge.
(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 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 ____. 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 ____. 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 district
judge.
SECTION ____. Each district judge in office January 1, 1998,
unless otherwise removed as provided by law, continues in office
for the term to which elected.
SECTION ____. 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 district judges and to the
nonpartisan election of those judges is adopted. If the amendment
is adopted, this Act takes effect January 1, 1998.