By Mowery H.B. No. 391
75R2309 GGS-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to voting in connection with certain judicial races.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 1.005, Election Code, is amended by
1-5 amending Subdivision (20) and by adding Subdivision (25) to read as
1-6 follows:
1-7 (20) "Straight-party vote" means a vote by a single
1-8 mark, punch, or other action by the voter for all the nominees of
1-9 one political party, except nominees for judicial offices, and for
1-10 no other candidates.
1-11 (25) "Judicial office" means an office listed in
1-12 Section 52.092(g).
1-13 SECTION 2. Section 52.065, Election Code, is amended by
1-14 adding Subsection (f) to read as follows:
1-15 (f) Judicial offices shall appear on the ballot in the same
1-16 format as the other offices but under the heading "Judicial
1-17 Offices" after the listing of the other offices.
1-18 SECTION 3. Section 52.066, Election Code, is amended by
1-19 adding Subsection (e) to read as follows:
1-20 (e) Judicial offices shall appear on the ballot in the same
1-21 format as the other offices but under the heading "Judicial
1-22 Offices" after the listing of the other offices.
1-23 SECTION 4. Subchapter C, Chapter 52, Election Code, is
1-24 amended by adding Section 52.0661 to read as follows:
2-1 Sec. 52.0661. SEPARATE LISTING OF UNOPPOSED JUDICIAL
2-2 CANDIDATES. (a) Any unopposed candidates for judicial offices
2-3 shall be listed separately on the ballot under the heading
2-4 "Uncontested Judicial Races" following the contested judicial
2-5 races.
2-6 (b) In the general election for state and county officers,
2-7 the party alignment of each unopposed candidate for a judicial
2-8 office shall be indicated next to the candidate's name.
2-9 (c) The secretary of state shall prescribe any procedures or
2-10 instructions necessary to implement this section.
2-11 SECTION 5. Section 52.070(b), Election Code, is amended to
2-12 read as follows:
2-13 (b) Immediately below "OFFICIAL BALLOT" and "Judicial
2-14 Offices," if applicable, the following instruction shall be
2-15 printed: "Vote for the candidate of your choice in each race by
2-16 placing an 'X' in the square beside the candidate's name."
2-17 SECTION 6. Section 52.071, Election Code, is amended to read
2-18 as follows:
2-19 Sec. 52.071. VOTING SQUARE AND INSTRUCTION FOR
2-20 STRAIGHT-PARTY VOTE. (a) On a ballot on which a party column
2-21 appears in connection with offices other than judicial offices, a
2-22 square larger than the square prescribed by Section 52.070(a) shall
2-23 be printed to the left of each political party's name.
2-24 (b) The following instruction shall be added to the
2-25 instruction required by Section 52.070(b) in connection with
2-26 offices other than judicial offices: "You may cast a
2-27 straight-party vote (that is, cast a vote for all the nominees of
3-1 one party, except nominees for judicial offices) by placing an 'X'
3-2 in the square beside the name of the party of your choice. If you
3-3 cast a straight-party vote [for all the nominees of one party] and
3-4 also cast a vote for an opponent of one of that party's nominees,
3-5 your vote for the opponent will be counted as well as your vote for
3-6 all the other nominees of the party for which the straight-party
3-7 vote was cast."
3-8 SECTION 7. Section 52.092, Election Code, is amended to read
3-9 as follows:
3-10 Sec. 52.092. OFFICES REGULARLY FILLED AT GENERAL ELECTION
3-11 FOR STATE AND COUNTY OFFICERS. (a) For an election at which
3-12 offices regularly filled at the general election for state and
3-13 county officers are to appear on the ballot, the offices shall be
3-14 listed in the following order:
3-15 (1) offices of the federal government;
3-16 (2) offices of the state government:
3-17 (A) statewide offices;
3-18 (B) district offices;
3-19 (3) offices of the county government:
3-20 (A) county offices;
3-21 (B) precinct offices.
3-22 (b) Offices of the federal government shall be listed in the
3-23 following order:
3-24 (1) president and vice-president of the United States;
3-25 (2) United States senator;
3-26 (3) United States representative.
3-27 (c) Statewide offices of the state government shall be
4-1 listed in the following order:
4-2 (1) governor;
4-3 (2) lieutenant governor;
4-4 (3) attorney general;
4-5 (4) comptroller of public accounts;
4-6 (5) [state treasurer;]
4-7 [(6)] commissioner of the General Land Office;
4-8 (6)[(7)] commissioner of agriculture;
4-9 (7)[(8)] railroad commissioner[;]
4-10 [(9) chief justice, supreme court;]
4-11 [(10) justice, supreme court;]
4-12 [(11) presiding judge, court of criminal appeals;]
4-13 [(12) judge, court of criminal appeals].
4-14 (d) District offices of the state government shall be listed
4-15 in the following order:
4-16 (1) member, State Board of Education;
4-17 (2) state senator;
4-18 (3) state representative;
4-19 (4) [chief justice, court of appeals;]
4-20 [(5) justice, court of appeals;]
4-21 [(6) district judge;]
4-22 [(7) criminal district judge;]
4-23 [(8) family district judge;]
4-24 [(9)] district attorney;
4-25 (5) [(10)] criminal district attorney.
4-26 (e) County offices shall be listed in the following order:
4-27 (1) county judge;
5-1 (2) [judge, county court at law;]
5-2 [(3) judge, county criminal court;]
5-3 [(4) judge, county probate court;]
5-4 [(5)] county attorney;
5-5 (3) [(6)] district clerk;
5-6 (4) [(7)] district and county clerk;
5-7 (5) [(8)] county clerk;
5-8 (6) [(9)] sheriff;
5-9 (7) [(10)] sheriff and tax assessor-collector;
5-10 (8) [(11)] county tax assessor-collector;
5-11 (9) [(12)] county treasurer;
5-12 (10) [(13)] county school trustee (county with
5-13 population of two million or more);
5-14 (11) [(14)] county surveyor;
5-15 (12) [(15)] inspector of hides and animals.
5-16 (f) Precinct offices shall be listed in the following order:
5-17 (1) county commissioner;
5-18 (2) justice of the peace;
5-19 (3) constable;
5-20 (4) public weigher.
5-21 (g) Judicial offices shall be listed in the following order:
5-22 (1) chief justice, supreme court;
5-23 (2) justice, supreme court;
5-24 (3) presiding judge, court of criminal appeals;
5-25 (4) judge, court of criminal appeals;
5-26 (5) chief justice, court of appeals;
5-27 (6) justice, court of appeals;
6-1 (7) district judge;
6-2 (8) criminal district judge;
6-3 (9) family district judge;
6-4 (10) judge, county court at law;
6-5 (11) judge, county criminal court;
6-6 (12) judge, county probate court.
6-7 (h) [(g)] If two or more offices having the same title
6-8 except for a place number or other distinguishing number are to
6-9 appear on the ballot, the number shall appear as part of the office
6-10 title and the offices shall be listed in numerical order.
6-11 (i) [(h)] The secretary of state shall assign a place number
6-12 to each position to be filled at the general election for state and
6-13 county officers for each full or unexpired term in the following
6-14 offices:
6-15 (1) justice, supreme court;
6-16 (2) judge, court of criminal appeals; and
6-17 (3) justice, court of appeals in a court having a
6-18 membership in excess of three, if distinguishing the positions to
6-19 be filled is necessary.
6-20 (j) [(i)] The secretary of state shall designate the
6-21 position of new offices on the ballot.
6-22 (k) [(j)] The office of judge of a multicounty statutory
6-23 county court created under Subchapter D, Chapter 25, Government
6-24 Code, is considered to be a county office for purposes of listing
6-25 the office on the ballot and to be a district office for all other
6-26 purposes under this code.
6-27 SECTION 8. Sections 65.007(b) and (c), Election Code, are
7-1 amended to read as follows:
7-2 (b) Except as provided by Subsection (c) or (d), each
7-3 straight-party vote shall be tallied for the party receiving the
7-4 vote instead of being tallied for the individual candidates of the
7-5 party. The total number of straight-party votes tallied for each
7-6 party shall be added to the total votes received for each of the
7-7 party nominees individually, except nominees for judicial offices.
7-8 (c) If a ballot indicates a straight-party vote and a vote
7-9 for an opponent of one or more of that party's nominees, a vote
7-10 shall be counted for the opponent and for each of the party's other
7-11 nominees, except nominees for judicial offices, whether or not any
7-12 of those nominees have received individual votes.
7-13 SECTION 9. Subchapter A, Chapter 124, Election Code, is
7-14 amended by amending Section 124.003 and by adding Section 124.0031
7-15 to read as follows:
7-16 Sec. 124.003. Separate Listing of Unopposed Candidates[;
7-17 Bloc Voting]. (a) Any unopposed candidates, except candidates for
7-18 judicial offices, may be listed separately under the heading
7-19 "Uncontested Races" on a voting system ballot or ballot label.
7-20 (b) In an election in which the ballots indicate political
7-21 party alignment, the party alignment of the candidates listed under
7-22 the uncontested races heading shall be indicated next to the
7-23 candidate's name.
7-24 (c) Candidates listed under the uncontested races heading
7-25 may be arranged in a manner requiring voting on them as one or more
7-26 groups [blocs], but only if an additional ballot or ballot label
7-27 would otherwise be necessary to accommodate all the candidates and
8-1 propositions to be listed.
8-2 (d) The requirement that the ballot or ballot label be
8-3 arranged to permit straight-party voting does not apply to
8-4 candidates listed under the uncontested races heading.
8-5 Sec. 124.0031. SEPARATE LISTING OF UNOPPOSED JUDICIAL
8-6 CANDIDATES. Candidates listed under the uncontested judicial races
8-7 heading may be arranged in a manner requiring voting on them as one
8-8 or more groups, but only if an additional ballot or ballot label
8-9 would otherwise be necessary to accommodate all the candidates and
8-10 propositions to be listed.
8-11 SECTION 10. Section 124.061(b), Election Code, is amended to
8-12 read as follows:
8-13 (b) A punch-card ballot label may comprise as many separate
8-14 sheets as are necessary to list the candidates and propositions
8-15 stating measures to be voted on in an election. If more than one
8-16 sheet is used, the first sheet of the sequence must [shall]
8-17 indicate the fact that the ballot is continued on one or more
8-18 additional sheets and must indicate the sheet on which the listing
8-19 of judicial offices, if any, begins. Sheets in the same sequence
8-20 may be identified by any method that will facilitate voting or
8-21 ballot processing and not confuse the voters.
8-22 SECTION 11. Section 124.063(a), Election Code, is amended to
8-23 read as follows:
8-24 (a) An electronic system ballot on which a voter indicates a
8-25 vote by punching a hole in the ballot must contain the following
8-26 instruction if candidates are to be voted on: "Vote for the
8-27 candidate of your choice in each race by making a punch hole in the
9-1 space provided adjacent to the name of that candidate." The ballot
9-2 must contain the same instruction in conjunction with any judicial
9-3 offices appearing on the ballot. If a proposition appears on the
9-4 ballot, the ballot must contain the following instruction: "Make a
9-5 punch hole in the space provided beside the statement indicating
9-6 the way you desire to vote."
9-7 SECTION 12. This Act takes effect September 1, 1997.
9-8 SECTION 13. The importance of this legislation and the
9-9 crowded condition of the calendars in both houses create an
9-10 emergency and an imperative public necessity that the
9-11 constitutional rule requiring bills to be read on three several
9-12 days in each house be suspended, and this rule is hereby suspended.