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.