By Thompson H.B. No. 1175
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the method of selection of certain justices and judges.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 41.002, Election Code, is amended to read
1-5 as follows:
1-6 Sec. 41.002. GENERAL ELECTION FOR STATE AND COUNTY OFFICERS.
1-7 (a) The general election for state and county officers, including
1-8 the general nonpartisan judicial election, shall be held on the
1-9 first Tuesday after the first Monday in November in even-numbered
1-10 years.
1-11 (b) Any runoff nonpartisan judicial election shall be held
1-12 on the first Tuesday after the first Monday in December following
1-13 the general election.
1-14 SECTION 2. The Election Code is amended by adding Title 17
1-15 to read as follows:
1-16 TITLE 17. NONPARTISAN JUDICIAL ELECTIONS
1-17 CHAPTER 291. NONPARTISAN JUDICIAL ELECTION
1-18 SUBCHAPTER A. NONPARTISAN ELECTION OF JUDGES GENERALLY
1-19 Sec. 291.001. APPLICABILITY OF CHAPTER. An appellate
1-20 justice or judge is subject to nonpartisan election in accordance
1-21 with this chapter at the last general nonpartisan judicial election
1-22 to be held before the date the justice's or judge's term expires.
1-23 Sec. 291.002. PARTY NOMINATION PROHIBITED. Nomination for a
2-1 nonpartisan judicial office by a political party is prohibited.
2-2 Sec. 291.003. VOTE REQUIRED FOR ELECTION. (a) To be
2-3 elected to a nonpartisan judicial office, a candidate must receive
2-4 a majority of the total number of votes received by all candidates
2-5 for the office.
2-6 (b) If no candidate for a particular office receives the
2-7 vote required for election, a runoff election for that office is
2-8 required. Except as otherwise provided by this chapter, Subchapter
2-9 B, Chapter 2, applies to a runoff election held under this chapter.
2-10 Sec. 291.004. APPLICABILITY OF OTHER PARTS OF CODE. The
2-11 other titles of this code apply to a nonpartisan judicial election
2-12 except provisions that are inconsistent with this title or that
2-13 cannot feasibly be applied in a nonpartisan judicial election.
2-14 Sec. 291.005. ADDITIONAL PROCEDURES. The secretary of state
2-15 shall prescribe any additional procedures necessary for the orderly
2-16 and proper administration of elections held under this chapter.
2-17 (Sections 291.006-291.020 reserved for expansion
2-18 SUBCHAPTER B. APPLICATION FOR PLACE ON BALLOT
2-19 Sec. 291.021. APPLICATION REQUIRED. (a) To be entitled to
2-20 a place on the nonpartisan judicial election ballot, a candidate
2-21 must make an application for a place on the ballot.
2-22 (b) An application must, in addition to complying with
2-23 Section 141.031, be accompanied by the appropriate filing fee or,
2-24 instead of the filing fee, a petition that satisfies the
2-25 requirements prescribed by Section 141.062.
3-1 (c) An application filed by mail is considered to be filed
3-2 at the time of its receipt by the appropriate authority.
3-3 (d) A candidate for an office specified by Section
3-4 291.024(a)(3) who chooses to pay the filing fee must also accompany
3-5 the application with a petition that complies with the requirements
3-6 prescribed for the petition authorized by Subsection (b), except
3-7 that the minimum number of signatures that must appear on the
3-8 petition required by this subsection is 250. If the candidate
3-9 chooses to file the petition authorized by Subsection (b) instead
3-10 of the filing fee, the minimum number of signatures required for
3-11 that petition is increased by 250. Signatures on a petition filed
3-12 under this subsection or Subsection (b) by a candidate covered by
3-13 this subsection may not be obtained on the grounds of a county
3-14 courthouse or courthouse annex.
3-15 Sec. 291.022. AUTHORITY WITH WHOM APPLICATION FILED. An
3-16 application for a place on the nonpartisan judicial election ballot
3-17 must be filed with the secretary of state.
3-18 Sec. 291.023. REGULAR FILING DEADLINE. (a) An application
3-19 for a place on the nonpartisan judicial election ballot must be
3-20 filed not later than 5 p.m. of the 70th day before election day,
3-21 except as provided by Section 291.053.
3-22 (b) An application may not be filed earlier than the 30th
3-23 day before the date of the regular filing deadline.
3-24 Sec. 291.024. Filing Fee. (a) The filing fee for a
3-25 nonpartisan judicial candidate is as follows:
4-1 (1) office elected statewide .................. $3,000
4-2 (2) chief justice or justice, court of appeals, other
4-3 than a justice specified by Subdivision (3) ............. 1,500
4-4 (3) chief justice or justice of a court of appeals
4-5 that serves a court of appeals district in which a county with a
4-6 population of more than one million is wholly or partly situated
4-7 ............................................................. 2,000
4-8 (b) A filing fee received by the secretary of state shall be
4-9 deposited in the state treasury to the credit of the general
4-10 revenue fund.
4-11 Sec. 291.025. Number of Petition Signatures Required. The
4-12 minimum number of signatures that must appear on the petition
4-13 authorized by Section 291.021 is:
4-14 (1) for a statewide office, 5,000; or
4-15 (2) for a district office, the lesser of:
4-16 (A) 500; or
4-17 (B) two percent of the total vote received in
4-18 the district by all the candidates for governor in the most recent
4-19 gubernatorial general election.
4-20 Sec. 291.026. Statement on Petition. The following
4-21 statement must appear at the top of each page of a petition to be
4-22 filed under Section 291.021: "I know that the purpose of this
4-23 petition is to entitle (insert candidate's name) to have his or her
4-24 name placed on the ballot for the office of (insert office title,
4-25 including any place number or other distinguishing number) for the
5-1 nonpartisan judicial election."
5-2 Sec. 291.027. Certification of Names for Placement on
5-3 Nonpartisan Judicial Election Ballot. (a) Except as provided by
5-4 Subsection (c), the secretary of state shall certify in writing for
5-5 placement on the nonpartisan judicial election ballot the name of
5-6 each candidate who files with the secretary an application that
5-7 complies with Section 291.021(b).
5-8 (b) Not later than the 55th day before election day, the
5-9 secretary of state shall deliver the certification to the authority
5-10 responsible for having the official ballot prepared in each county
5-11 in which the candidate's name is to appear on the ballot.
5-12 (c) A candidate's name may not be certified:
5-13 (1) if, before delivering the certification, the
5-14 secretary of state learns that the name is to be omitted from the
5-15 ballot under Section 291.054; or
5-16 (2) for an office for which the candidate's
5-17 application is invalid under Section 141.033.
5-18 (Sections 291.028-291.050 reserved for expansion
5-19 SUBCHAPTER C. WITHDRAWAL, DEATH, AND INELIGIBILITY
5-20 OF CANDIDATE
5-21 Sec. 291.051. Withdrawal, Death, or Ineligibility Generally.
5-22 With respect to withdrawal, death, or ineligibility of a candidate
5-23 in a nonpartisan judicial election, this subchapter supersedes
5-24 Subchapter A, Chapter 145, to the extent of any conflict.
5-25 Sec. 291.052. Withdrawal From Nonpartisan Judicial Election.
6-1 (a) A candidate may not withdraw from the nonpartisan judicial
6-2 election after the 65th day before election day.
6-3 (b) A withdrawal request must be filed with the authority
6-4 with whom the withdrawing candidate's application for a place on
6-5 the ballot is required to be filed.
6-6 Sec. 291.053. Extended Filing Deadline. (a) The deadline
6-7 for filing an application for a place on the nonpartisan judicial
6-8 election ballot is extended as provided by this section if a
6-9 candidate who has made an application that complies with the
6-10 applicable requirements:
6-11 (1) dies on or after the fifth day before the date of
6-12 the regular filing deadline and on or before the 65th day before
6-13 election day;
6-14 (2) holds the office for which the application was
6-15 made and withdraws or is declared ineligible on or after the date
6-16 of the regular filing deadline and on or before the 65th day before
6-17 election day; or
6-18 (3) withdraws or is declared ineligible during the
6-19 period prescribed by Subdivision (2), and at the time of the
6-20 withdrawal or declaration of ineligibility no other candidate has
6-21 made an application that complies with the applicable requirements
6-22 for the office sought by the withdrawn or ineligible candidate.
6-23 (b) An application for an office sought by a withdrawn,
6-24 deceased, or ineligible candidate must be filed not later than
6-25 5 p.m. of the 60th day before election day.
7-1 (c) If the deadline for filing applications is extended,
7-2 notice of the extended filing shall be given in the same manner as
7-3 provided for a primary election.
7-4 Sec. 291.054. Withdrawn, Deceased, or Ineligible Candidate's
7-5 Name Omitted From Ballot. A candidate's name shall be omitted from
7-6 the nonpartisan judicial election ballot if the candidate
7-7 withdraws, dies, or is declared ineligible on or before the 65th
7-8 day before election day.
7-9 Sec. 291.055. Deceased or Ineligible Candidate's Name to
7-10 Appear on Ballot. If a candidate who has made an application for a
7-11 place on the nonpartisan judicial election ballot that complies
7-12 with the applicable requirements dies or is declared ineligible
7-13 after the 65th day before election day, the candidate's name shall
7-14 be placed on the ballot.
7-15 Sec. 291.056. WITHDRAWAL FROM RUNOFF. (a) A candidate may
7-16 not withdraw from the runoff nonpartisan judicial election after 5
7-17 p.m. of the 10th day after the date of the general nonpartisan
7-18 judicial election.
7-19 (b) A withdrawal request for the runoff must be filed with
7-20 the authority with whom the withdrawing candidate's application for
7-21 a place on the ballot is required to be filed.
7-22 (c) If a runoff candidate withdraws, the remaining candidate
7-23 is the winner and the runoff election for that office is not held.
7-24 Sec. 291.057. DECEASED OR INELIGIBLE CANDIDATE'S NAME TO
7-25 APPEAR ON RUNOFF BALLOT. If a candidate in the runoff nonpartisan
8-1 judicial election dies or is declared ineligible before runoff
8-2 election day, the candidate's name shall be placed on the ballot.
8-3 (Sections 291.058-291.070 reserved for expansion
8-4 SUBCHAPTER D. CONDUCT OF ELECTION
8-5 Sec. 291.071. Nonpartisan Judicial Election Ballot. The
8-6 nonpartisan judicial offices and candidates shall be listed as a
8-7 separate ballot on the general election ballot following the
8-8 partisan offices under the heading "Election For Nonpartisan
8-9 Judicial Offices."
8-10 Sec. 291.072. General Procedure for Conduct of Nonpartisan
8-11 Judicial Election. Except as otherwise provided by this code, the
8-12 nonpartisan judicial election shall be conducted and the results
8-13 canvassed, tabulated, and reported in the manner applicable to
8-14 partisan offices in the general election for state and county
8-15 officers.
8-16 Sec. 291.073. CERTIFICATION OF CANDIDATES FOR PLACEMENT ON
8-17 RUNOFF BALLOT. (a) The secretary of state shall certify in
8-18 writing for placement on the runoff nonpartisan judicial election
8-19 ballot the name of each candidate who is to be a candidate in the
8-20 runoff.
8-21 (b) The secretary of state shall deliver the certification
8-22 to the authority responsible for having the official ballot
8-23 prepared in each affected county as soon as practicable after the
8-24 state canvass of the general nonpartisan judicial election is
8-25 completed.
9-1 Sec. 291.074. GENERAL PROCEDURE FOR CONDUCT OF RUNOFF
9-2 NONPARTISAN JUDICIAL ELECTION. The runoff nonpartisan judicial
9-3 election shall be conducted and the results canvassed, tabulated,
9-4 and reported in the same manner as the general nonpartisan judicial
9-5 election.
9-6 SECTION 3. Section 1.005, Election Code, is amended by
9-7 amending Subdivision (9) and by adding Subdivisions (25) and (26)
9-8 to read as follows:
9-9 (9) "Independent candidate" means a candidate in a
9-10 nonpartisan election or a candidate in a partisan election who is
9-11 not the nominee of a political party. The term does not include a
9-12 nonpartisan judicial candidate.
9-13 (25) "Nonpartisan judicial election" means an election
9-14 held under Title 17.
9-15 (26) "Nonpartisan judicial candidate" means a
9-16 candidate in a nonpartisan judicial election.
9-17 SECTION 4. Section 52.092, Election Code, is amended by
9-18 amending Subsections (a), (c), (d), and (g)-(j) and by adding
9-19 Subsection (k) to read as follows:
9-20 (a) For an election at which offices regularly filled at the
9-21 general election for state and county officers, including the
9-22 nonpartisan judicial election, are to appear on the ballot, the
9-23 offices shall be listed in the following order:
9-24 (1) offices of the federal government;
9-25 (2) offices of the state government:
10-1 (A) statewide offices;
10-2 (B) district offices;
10-3 (3) offices of the county government:
10-4 (A) county offices;
10-5 (B) precinct offices.
10-6 (c) Statewide offices of the state government shall be
10-7 listed in the following order:
10-8 (1) governor;
10-9 (2) lieutenant governor;
10-10 (3) attorney general;
10-11 (4) comptroller of public accounts;
10-12 (5) [state treasurer;]
10-13 [(6)] commissioner of the General Land Office;
10-14 (6) [(7)] commissioner of agriculture;
10-15 (7) [(8)] railroad commissioner[;]
10-16 [(9) chief justice, supreme court;]
10-17 [(10) justice, supreme court;]
10-18 [(11) presiding judge, court of criminal appeals;]
10-19 [(12) judge, court of criminal appeals].
10-20 (d) District offices of the state government shall be listed
10-21 in the following order:
10-22 (1) member, State Board of Education;
10-23 (2) state senator;
10-24 (3) state representative;
10-25 (4) [chief justice, court of appeals;]
11-1 [(5) justice, court of appeals;]
11-2 [(6)] district judge;
11-3 (5) [(7)] criminal district judge;
11-4 (6) [(8)] family district judge;
11-5 (7) [(9)] district attorney;
11-6 (8) [(10)] criminal district attorney.
11-7 (g) The nonpartisan judicial offices shall be listed in the
11-8 following order:
11-9 (1) chief justice, supreme court;
11-10 (2) justice, supreme court;
11-11 (3) presiding judge, court of criminal appeals;
11-12 (4) judge, court of criminal appeals;
11-13 (5) chief justice, court of appeals;
11-14 (6) justice, court of appeals.
11-15 (h) [(g)] If two or more offices having the same title
11-16 except for a place number or other distinguishing number are to
11-17 appear on the ballot, the number shall appear as part of the office
11-18 title and the offices shall be listed in numerical order.
11-19 (i) [(h)] The secretary of state shall assign a place number
11-20 to each position to be filled at the nonpartisan judicial [general]
11-21 election for [state and county officers for each full or unexpired
11-22 term in] the following offices:
11-23 (1) justice, supreme court;
11-24 (2) judge, court of criminal appeals; and
11-25 (3) justice, court of appeals in a court having a
12-1 membership in excess of three, if distinguishing the positions to
12-2 be filled is necessary.
12-3 (j) [(i)] The secretary of state shall designate the
12-4 position of new offices on the ballot.
12-5 (k) [(j)] The office of judge of a multicounty statutory
12-6 county court created under Subchapter D, Chapter 25, Government
12-7 Code, is considered to be a county office for purposes of listing
12-8 the office on the ballot and to be a district office for all other
12-9 purposes under this code.
12-10 SECTION 5. Section 67.003, Election Code, is amended to read
12-11 as follows:
12-12 Sec. 67.003. TIME FOR LOCAL CANVASS. Each local canvassing
12-13 authority shall convene to conduct the local canvass not earlier
12-14 than the second day or later than the sixth day after election day
12-15 at the time set by the canvassing authority's presiding officer,
12-16 except that the canvass for the nonpartisan judicial election shall
12-17 be conducted not later than the third day after election day.
12-18 SECTION 6. Section 67.012(a), Election Code, is amended to
12-19 read as follows:
12-20 (a) The governor shall conduct the state canvass not earlier
12-21 than the 15th or later than the 30th day after election day at the
12-22 time set by the secretary of state, except that the canvass for the
12-23 nonpartisan judicial election shall be conducted not later than the
12-24 14th day after election day.
12-25 SECTION 7. Section 141.001(a), Election Code, is amended to
13-1 read as follows:
13-2 (a) To be eligible to be a candidate for, or elected or
13-3 appointed to, a public elective office in this state, a person
13-4 must:
13-5 (1) be a United States citizen;
13-6 (2) be 18 years of age or older on the first day of
13-7 the term to be filled at the election or on the date of
13-8 appointment, as applicable;
13-9 (3) have not been determined mentally incompetent by a
13-10 final judgment of a court;
13-11 (4) have not been finally convicted of a felony from
13-12 which the person has not been pardoned or otherwise released from
13-13 the resulting disabilities;
13-14 (5) have resided continuously in the state for 12
13-15 months and in the territory from which the office is elected for
13-16 six months immediately preceding the following date:
13-17 (A) for a candidate whose name is to appear on a
13-18 general primary election ballot, the date of the regular filing
13-19 deadline for a candidate's application for a place on the ballot;
13-20 (B) for an independent candidate or a
13-21 nonpartisan judicial candidate, the date of the regular filing
13-22 deadline for a candidate's application for a place on the ballot;
13-23 (C) for a write-in candidate, the date of the
13-24 election at which the candidate's name is written in;
13-25 (D) for a party nominee who is nominated by any
14-1 method other than by primary election, the date the nomination is
14-2 made; and
14-3 (E) for an appointee to an office, the date the
14-4 appointment is made; and
14-5 (6) satisfy any other eligibility requirements
14-6 prescribed by law for the office.
14-7 SECTION 8. Section 145.003(b), Election Code, is amended to
14-8 read as follows:
14-9 (b) A candidate in the general election for state and county
14-10 officers, including the nonpartisan judicial election, may be
14-11 declared ineligible before the 30th day preceding election day by:
14-12 (1) the party officer responsible for certifying the
14-13 candidate's name for placement on the general election ballot, in
14-14 the case of a candidate who is a political party's nominee; or
14-15 (2) the authority with whom the candidate's
14-16 application for a place on the ballot is required to be filed, in
14-17 the case of an independent candidate or a nonpartisan judicial
14-18 candidate, as applicable.
14-19 SECTION 9. Section 145.005(a), Election Code, is amended to
14-20 read as follows:
14-21 (a) If the name of a deceased or ineligible candidate
14-22 appears on the ballot [under this chapter], the votes cast for the
14-23 candidate shall be counted and entered on the official election
14-24 returns in the same manner as for the other candidates.
14-25 SECTION 10. Section 146.021, Election Code, is amended to
15-1 read as follows:
15-2 Sec. 146.021. Applicability of Subchapter. This subchapter
15-3 applies to a write-in candidate for an office that is to be voted
15-4 on at the general election for state and county officers, including
15-5 the nonpartisan judicial election.
15-6 SECTION 11. Sections 172.021(c) and (e), Election Code, are
15-7 amended to read as follows:
15-8 (c) An application filed by mail is considered to be filed
15-9 at the time of its receipt by the appropriate authority.
15-10 (e) A candidate for an office specified by Section
15-11 172.024(a)(8) or [,] (10)[, or (12)], or for justice of the peace
15-12 in a county with a population of more than one million [850,000],
15-13 who chooses to pay the filing fee must also accompany the
15-14 application with a petition that complies with the requirements
15-15 prescribed for the petition authorized by Subsection (b), except
15-16 that the minimum number of signatures that must appear on the
15-17 petition required by this subsection is 250. If the candidate
15-18 chooses to file the petition authorized by Subsection (b) instead
15-19 of the filing fee, the minimum number of signatures required for
15-20 that petition is increased by 250. Signatures on a petition filed
15-21 under this subsection or Subsection (b) by a candidate covered by
15-22 this subsection may not be obtained on the grounds of a county
15-23 courthouse or courthouse annex.
15-24 SECTION 12. Section 172.024(a), Election Code, is amended to
15-25 read as follows:
16-1 (a) The filing fee for a candidate for nomination in the
16-2 general primary election is as follows:
16-3 (1) United States senator ..................... $4,000
16-4 (2) office elected statewide, except United States
16-5 senator .................................... 3,000
16-6 (3) United States representative ............... 2,500
16-7 (4) state senator .............................. 1,000
16-8 (5) state representative ......................... 600
16-9 (6) member, State Board of Education ............. 250
16-10 (7) [chief justice or justice, court of appeals, other
16-11 than a justice specified by Subdivision (8)
16-12 .......................................... 1,500]
16-13 [(8) chief justice or justice of a court of appeals
16-14 that serves a court of appeals district in which
16-15 a county with a population of more than 850,000
16-16 is wholly or partly situated ............. 2,000]
16-17 [(9)] district judge or judge specified by Section
16-18 52.092(d) for which this schedule does not
16-19 otherwise prescribe a fee ................ 1,200
16-20 (8) [(10)] district or criminal district judge of a
16-21 court in a judicial district wholly contained in
16-22 a county with a population of more than one
16-23 million [850,000] ........................ 2,000
16-24 (9) [(11)] judge, statutory county court, other than a
16-25 judge specified by Subdivision (10) [(12)]
17-1 .......................................... 1,200
17-2 (10) [(12)] judge of a statutory county court in a
17-3 county with a population of more than one
17-4 million [850,000] ........................ 2,000
17-5 (11) [(13)] district attorney, criminal district
17-6 attorney, or county attorney performing the
17-7 duties of a district attorney ............ 1,000
17-8 (12) [(14)] county commissioner or judge,
17-9 constitutional county court:
17-10 (A) county with a population of 200,000
17-11 or more ............................... 1,000
17-12 (B) county with a population of under
17-13 200,000 ................................. 600
17-14 (13) [(15)] justice of the peace or constable:
17-15 (A) county with a population of 200,000
17-16 or more ................................. 800
17-17 (B) county with a population of under
17-18 200,000 ................................. 300
17-19 (14) [(16)] county surveyor, inspector of hides and
17-20 animals, or public weigher .................... 50
17-21 (15) [(17)] office of the county government for
17-22 which this schedule does not otherwise
17-23 prescribe a fee ............................. 600
17-24 SECTION 13. Section 202.001, Election Code, is amended to
17-25 read as follows:
18-1 Sec. 202.001. APPLICABILITY OF CHAPTER. (a) This chapter
18-2 applies to elective offices of the state and county governments
18-3 except the offices of state senator and state representative.
18-4 (b) This chapter does not apply to the office of justice or
18-5 judge of an appellate court.
18-6 SECTION 14. Each supreme court justice, court of criminal
18-7 appeals judge, and court of appeals justice in office January 1,
18-8 1998, unless otherwise removed as provided by law, continues in
18-9 office for the term to which elected.
18-10 SECTION 15. This Act takes effect only if the constitutional
18-11 amendment proposed by the 75th Legislature, Regular Session, 1997,
18-12 relating to the filling by gubernatorial appointment of vacancies
18-13 in the offices of appellate justices and judges and to the
18-14 nonpartisan election of those justices and judges is adopted. If
18-15 the amendment is adopted, this Act takes effect January 1, 1998.
18-16 SECTION 16. The importance of this legislation and the
18-17 crowded condition of the calendars in both houses create an
18-18 emergency and an imperative public necessity that the
18-19 constitutional rule requiring bills to be read on three several
18-20 days in each house be suspended, and this rule is hereby suspended.