By Thompson H.B. No. 1175
Substitute the following for H.B. No. 1175:
By Thompson C.S.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. This chapter
1-20 applies only to a judicial office required to be elected at the
1-21 nonpartisan judicial election.
1-22 Sec. 291.002. PARTY NOMINATION PROHIBITED. Nomination for a
1-23 nonpartisan judicial office by a political party is prohibited.
1-24 Sec. 291.003. VOTE REQUIRED FOR ELECTION. (a) To be
2-1 elected to a nonpartisan judicial office, a candidate must receive
2-2 at least 50 percent of the total number of votes received by all
2-3 candidates for the office and more votes than any other candidate
2-4 for the office.
2-5 (b) If no candidate for a particular office receives the
2-6 vote required for election, a runoff election for that office is
2-7 required. Except as otherwise provided by this chapter, Subchapter
2-8 B, Chapter 2, applies to a runoff election held under this chapter.
2-9 Sec. 291.004. APPLICABILITY OF OTHER PARTS OF CODE. The
2-10 other titles of this code apply to a nonpartisan judicial election
2-11 except provisions that are inconsistent with this title or that
2-12 cannot feasibly be applied in a nonpartisan judicial election.
2-13 Sec. 291.005. ADDITIONAL PROCEDURES. The secretary of state
2-14 shall prescribe any additional procedures necessary for the orderly
2-15 and proper administration of elections held under this chapter.
2-16 (Sections 291.006-291.020 reserved for expansion
2-17 SUBCHAPTER B. APPLICATION FOR PLACE ON BALLOT
2-18 Sec. 291.021. APPLICATION REQUIRED. (a) To be entitled to
2-19 a place on the nonpartisan judicial election ballot, a candidate
2-20 must make an application for a place on the ballot.
2-21 (b) An application must, in addition to complying with
2-22 Section 141.031, be accompanied by the appropriate filing fee or,
2-23 instead of the filing fee, a petition that satisfies the
2-24 requirements prescribed by Section 141.062.
2-25 (c) An application filed by mail is considered to be filed
2-26 at the time of its receipt by the appropriate authority.
2-27 (d) A candidate for an office specified by Section
3-1 291.024(a)(2) who chooses to pay the filing fee must also accompany
3-2 the application with a petition that complies with the requirements
3-3 prescribed for the petition authorized by Subsection (b), except
3-4 that the minimum number of signatures that must appear on the
3-5 petition required by this subsection is 250. If the candidate
3-6 chooses to file the petition authorized by Subsection (b) instead
3-7 of the filing fee, the minimum number of signatures required for
3-8 that petition is increased by 250. Signatures on a petition filed
3-9 under this subsection or Subsection (b) by a candidate covered by
3-10 this subsection may not be obtained on the grounds of a county
3-11 courthouse or courthouse annex.
3-12 Sec. 291.022. AUTHORITY WITH WHOM APPLICATION FILED. An
3-13 application for a place on the nonpartisan judicial election ballot
3-14 must be filed with the secretary of state.
3-15 Sec. 291.023. REGULAR FILING DEADLINE. (a) An application
3-16 for a place on the nonpartisan judicial election ballot must be
3-17 filed not later than 5 p.m. of the 70th day before election day,
3-18 except as provided by Sections 291.053 and 202.008.
3-19 (b) An application may not be filed earlier than the 30th
3-20 day before the date of the regular filing deadline.
3-21 Sec. 291.024. Number of Petition Signatures Required. The
3-22 minimum number of signatures that must appear on the petition
3-23 authorized by Section 291.021 is the lesser of:
3-24 (1) 500; or
3-25 (2) two percent of the total vote received in the
3-26 district by all the candidates for governor in the most recent
3-27 gubernatorial general election.
4-1 Sec. 291.025. Statement on Petition. The following
4-2 statement must appear at the top of each page of a petition to be
4-3 filed under Section 291.021: "I know that the purpose of this
4-4 petition is to entitle (insert candidate's name) to have his name
4-5 placed on the ballot for the office of (insert office title,
4-6 including any place number or other distinguishing number) for the
4-7 nonpartisan judicial election."
4-8 Sec. 291.026. Certification of Names for Placement on
4-9 Nonpartisan Judicial Election Ballot. (a) Except as provided by
4-10 Subsection (c), the secretary of state shall certify in writing for
4-11 placement on the nonpartisan judicial election ballot the name of
4-12 each candidate who files with the secretary an application that
4-13 complies with Section 291.021(b).
4-14 (b) Not later than the 55th day before election day, the
4-15 secretary of state shall deliver the certification to the authority
4-16 responsible for having the official ballot prepared in each county
4-17 in which the candidate's name is to appear on the ballot.
4-18 (c) A candidate's name may not be certified:
4-19 (1) if, before delivering the certification, the
4-20 secretary of state learns that the name is to be omitted from the
4-21 ballot under Section 291.054; or
4-22 (2) for an office for which the candidate's
4-23 application is invalid under Section 141.033.
4-24 (Sections 291.028-291.050 reserved for expansion
4-25 SUBCHAPTER C. WITHDRAWAL, DEATH, AND INELIGIBILITY
4-26 OF CANDIDATE
4-27 Sec. 291.051. Withdrawal, Death, or Ineligibility Generally.
5-1 With respect to withdrawal, death, or ineligibility of a candidate
5-2 in a nonpartisan judicial election, this subchapter supersedes
5-3 Subchapter A, Chapter 145, to the extent of any conflict.
5-4 Sec. 291.052. Withdrawal From Nonpartisan Judicial Election.
5-5 (a) A candidate may not withdraw from the nonpartisan judicial
5-6 election after the 65th day before election day.
5-7 (b) A withdrawal request must be filed with the authority
5-8 with whom the withdrawing candidate's application for a place on
5-9 the ballot is required to be filed.
5-10 Sec. 291.053. Extended Filing Deadline. (a) The deadline
5-11 for filing an application for a place on the nonpartisan judicial
5-12 election ballot is extended as provided by this section if a
5-13 candidate who has made an application that complies with the
5-14 applicable requirements:
5-15 (1) dies on or after the fifth day before the date of
5-16 the regular filing deadline and on or before the 65th day before
5-17 election day;
5-18 (2) holds the office for which the application was
5-19 made and withdraws or is declared ineligible on or after the date
5-20 of the regular filing deadline and on or before the 65th day before
5-21 election day; or
5-22 (3) withdraws or is declared ineligible during the
5-23 period prescribed by Subdivision (2), and at the time of the
5-24 withdrawal or declaration of ineligibility no other candidate has
5-25 made an application that complies with the applicable requirements
5-26 for the office sought by the withdrawn or ineligible candidate.
5-27 (b) An application for an office sought by a withdrawn,
6-1 deceased, or ineligible candidate must be filed not later than 5
6-2 p.m. of the 60th day before election day.
6-3 (c) If the deadline for filing applications is extended,
6-4 notice of the extended filing shall be given in the same manner as
6-5 provided for a primary election.
6-6 Sec. 291.054. Withdrawn, Deceased, or Ineligible Candidate's
6-7 Name Omitted From Ballot. A candidate's name shall be omitted from
6-8 the nonpartisan judicial election ballot if the candidate
6-9 withdraws, dies, or is declared ineligible on or before the 65th
6-10 day before election day.
6-11 Sec. 291.055. Deceased or Ineligible Candidate's Name to
6-12 Appear on Ballot. If a candidate who has made an application for a
6-13 place on the nonpartisan judicial election ballot that complies
6-14 with the applicable requirements dies or is declared ineligible
6-15 after the 65th day before election day, the candidate's name shall
6-16 be placed on the ballot.
6-17 Sec. 291.056. WITHDRAWAL FROM RUNOFF. (a) A candidate may
6-18 not withdraw from the runoff nonpartisan judicial election after 5
6-19 p.m. of the 10th day after the date of the general nonpartisan
6-20 judicial election.
6-21 (b) A withdrawal request for the runoff must be filed with
6-22 the authority with whom the withdrawing candidate's application for
6-23 a place on the ballot is required to be filed.
6-24 (c) If a runoff candidate withdraws, the remaining candidate
6-25 is the winner and the runoff election for that office is not held.
6-26 Sec. 291.057. DECEASED OR INELIGIBLE CANDIDATE'S NAME TO
6-27 APPEAR ON RUNOFF BALLOT. If a candidate in the runoff nonpartisan
7-1 judicial election dies or is declared ineligible before runoff
7-2 election day, the candidate's name shall be placed on the ballot.
7-3 (Sections 291.058-291.070 reserved for expansion
7-4 SUBCHAPTER D. CONDUCT OF ELECTION
7-5 Sec. 291.071. Nonpartisan Judicial Election Ballot. The
7-6 nonpartisan judicial offices and candidates shall be listed as a
7-7 separate ballot on the general election ballot following the
7-8 partisan offices under the heading "Election For Nonpartisan
7-9 Judicial Offices."
7-10 Sec. 291.072. General Procedure for Conduct of Nonpartisan
7-11 Judicial Election. Except as otherwise provided by this code, the
7-12 nonpartisan judicial election shall be conducted and the results
7-13 canvassed, tabulated, and reported in the manner applicable to
7-14 partisan offices in the general election for state and county
7-15 officers.
7-16 Sec. 291.073. CERTIFICATION OF CANDIDATES FOR PLACEMENT ON
7-17 RUNOFF BALLOT. (a) The secretary of state shall certify in
7-18 writing for placement on the runoff nonpartisan judicial election
7-19 ballot the name of each candidate who is to be a candidate in the
7-20 runoff.
7-21 (b) The secretary of state shall deliver the certification
7-22 to the authority responsible for having the official ballot
7-23 prepared in each affected county as soon as practicable after the
7-24 state canvass of the general nonpartisan judicial election is
7-25 completed.
7-26 Sec. 291.074. GENERAL PROCEDURE FOR CONDUCT OF RUNOFF
7-27 NONPARTISAN JUDICIAL ELECTION. The runoff nonpartisan judicial
8-1 election shall be conducted and the results canvassed, tabulated,
8-2 and reported in the same manner as the general nonpartisan judicial
8-3 election.
8-4 SECTION 3. Section 1.005, Election Code, is amended by
8-5 amending Subdivision (9) and by adding Subdivisions (25) and (26)
8-6 to read as follows:
8-7 (9) "Independent candidate" means a candidate in a
8-8 nonpartisan election or a candidate in a partisan election who is
8-9 not the nominee of a political party. The term does not include a
8-10 nonpartisan judicial candidate.
8-11 (25) "Nonpartisan judicial election" means an election
8-12 held under Title 17.
8-13 (26) "Nonpartisan judicial candidate" means a
8-14 candidate in a nonpartisan judicial election.
8-15 SECTION 4. Section 52.092, Election Code, is amended to read
8-16 as follows:
8-17 Sec. 52.092. Offices Regularly Filled at General Election
8-18 for State and County Officers. (a) For an election at which
8-19 offices regularly filled at the general election for state and
8-20 county officers, including the nonpartisan judicial election, are
8-21 to appear on the ballot, the offices shall be listed in the
8-22 following order:
8-23 (1) offices of the federal government;
8-24 (2) offices of the state government:
8-25 (A) statewide offices;
8-26 (B) district offices;
8-27 (3) offices of the county government:
9-1 (A) county offices;
9-2 (B) precinct offices.
9-3 (b) Offices of the federal government shall be listed in the
9-4 following order:
9-5 (1) president and vice-president of the United States;
9-6 (2) United States senator;
9-7 (3) United States representative.
9-8 (c) Statewide offices of the state government shall be
9-9 listed in the following order:
9-10 (1) governor;
9-11 (2) lieutenant governor;
9-12 (3) attorney general;
9-13 (4) comptroller of public accounts;
9-14 (5) [state treasurer;]
9-15 [(6)] commissioner of the General Land Office;
9-16 (6) [(7)] commissioner of agriculture;
9-17 (7) [(8)] railroad commissioner[;]
9-18 [(9) chief justice, supreme court;]
9-19 [(10) justice, supreme court;]
9-20 [(11) presiding judge, court of criminal appeals;]
9-21 [(12) judge, court of criminal appeals].
9-22 (d) District offices of the state government shall be listed
9-23 in the following order:
9-24 (1) member, State Board of Education;
9-25 (2) state senator;
9-26 (3) state representative;
9-27 [(4) chief justice, court of appeals;]
10-1 [(5) justice, court of appeals;]
10-2 (4) [(6)] district judge;
10-3 (5) [(7)] criminal district judge;
10-4 (6) [(8)] family district judge;
10-5 (7) [(9)] district attorney;
10-6 (8) [(10)] criminal district attorney.
10-7 (e) County offices shall be listed in the following order:
10-8 (1) county judge;
10-9 (2) judge, county court at law;
10-10 (3) judge, county criminal court;
10-11 (4) judge, county probate court;
10-12 (5) county attorney;
10-13 (6) district clerk;
10-14 (7) district and county clerk;
10-15 (8) county clerk;
10-16 (9) sheriff;
10-17 (10) sheriff and tax assessor-collector;
10-18 (11) county tax assessor-collector;
10-19 (12) county treasurer;
10-20 (13) county school trustee (county with population of
10-21 two million or more);
10-22 (14) county surveyor;
10-23 (15) inspector of hides and animals.
10-24 (f) Precinct offices shall be listed in the following order:
10-25 (1) county commissioner;
10-26 (2) justice of the peace;
10-27 (3) constable;
11-1 (4) public weigher.
11-2 (g) The nonpartisan judicial offices shall be listed in the
11-3 following order:
11-4 (1) chief justice, supreme court;
11-5 (2) justice, supreme court;
11-6 (3) presiding judge, court of criminal appeals;
11-7 (4) judge, court of criminal appeals;
11-8 (5) chief justice, court of appeals;
11-9 (6) justice, court of appeals.
11-10 (h) [(g)] If two or more offices having the same title
11-11 except for a place number or other distinguishing number are to
11-12 appear on the ballot, the number shall appear as part of the office
11-13 title and the offices shall be listed in numerical order.
11-14 (i) The secretary of state shall designate the position of
11-15 new offices on the ballot.
11-16 (j) The office of judge of a multicounty statutory county
11-17 court created under Subchapter D, Chapter 25, Government Code, is
11-18 considered to be a county office for purposes of listing the office
11-19 on the ballot and to be a district office for all other purposes
11-20 under this code.
11-21 SECTION 5. Section 67.003, Election Code, is amended to read
11-22 as follows:
11-23 Sec. 67.003. TIME FOR LOCAL CANVASS. Each local canvassing
11-24 authority shall convene to conduct the local canvass not earlier
11-25 than the second day or later than the sixth day after election day
11-26 at the time set by the canvassing authority's presiding officer,
11-27 except that the canvass for the nonpartisan judicial election shall
12-1 be conducted not later than the third day after election day.
12-2 SECTION 6. Section 67.012(a), Election Code, is amended to
12-3 read as follows:
12-4 (a) The governor shall conduct the state canvass not earlier
12-5 than the 15th or later than the 30th day after election day at the
12-6 time set by the secretary of state, except that the canvass for the
12-7 nonpartisan judicial election shall be conducted not later than the
12-8 14th day after election day.
12-9 SECTION 7. Section 145.003(b), Election Code, is amended to
12-10 read as follows:
12-11 (b) A candidate in the general election for state and county
12-12 officers, including the nonpartisan judicial election, may be
12-13 declared ineligible before the 30th day preceding election day by:
12-14 (1) the party officer responsible for certifying the
12-15 candidate's name for placement on the general election ballot, in
12-16 the case of a candidate who is a political party's nominee; or
12-17 (2) the authority with whom the candidate's
12-18 application for a place on the ballot required to be filed, in the
12-19 case of an independent candidate or a nonpartisan judicial
12-20 candidate, as applicable.
12-21 SECTION 8. Section 145.005(a), Election Code, is amended to
12-22 read as follows:
12-23 (a) If the name of a deceased or ineligible candidate
12-24 appears on the ballot [under this chapter], the votes cast for the
12-25 candidate shall be counted and entered on the official election
12-26 returns in the same manner as for the other candidates.
12-27 SECTION 9. Section 146.021, Election Code, is amended to
13-1 read as follows:
13-2 Sec. 146.021. Applicability of Subchapter. This subchapter
13-3 applies to a write-in candidate for an office that is to be voted
13-4 on at the general election for state and county officers, including
13-5 the nonpartisan judicial election.
13-6 SECTION 10. Sections 172.021(c) and (e), Election Code, are
13-7 amended to read as follows:
13-8 (c) An application filed by mail is considered to be filed
13-9 at the time of its receipt by the appropriate authority.
13-10 (e) A candidate for an office specified by Section
13-11 172.024(a)(8) or (10) [or (12)], or for justice of the peace in a
13-12 county with a population of more than 850,000, who chooses to pay
13-13 the filing fee must also accompany the application with a petition
13-14 that complies with the requirements prescribed for the petition
13-15 authorized by Subsection (b), except that the minimum number of
13-16 signatures that must appear on the petition required by this
13-17 subsection is 250. If the candidate chooses to file the petition
13-18 authorized by Subsection (b) instead of the filing fee, the minimum
13-19 number of signatures required for that petition is increased by
13-20 250. Signatures on a petition filed under this subsection or
13-21 Subsection (b) by a candidate covered by this subsection may not be
13-22 obtained on the grounds of a county courthouse or courthouse annex.
13-23 SECTION 11. Chapter 202, Election Code, is amended by
13-24 amending Section 202.002 and by adding Section 202.008 to read as
13-25 follows:
13-26 Sec. 202.002. Vacancy Filled at General Election. (a) If a
13-27 vacancy occurs on or before the 65th day before the date of the
14-1 general election for state and county officers, including the
14-2 nonpartisan judicial election, held in the next-to-last
14-3 even-numbered year of a term of office, the remainder of the
14-4 unexpired term, or for a nonpartisan judicial office the four-year
14-5 term beginning on the next January 1 following the general
14-6 election, shall be filled at the next general election for state
14-7 and county officers, as provided by this chapter.
14-8 (b) If a vacancy occurs after the 65th day before a general
14-9 election day, an election for the unexpired term, or for a
14-10 nonpartisan judicial office an election for a new four-year term,
14-11 may not be held at that general election. The appointment to fill
14-12 the vacancy continues until the next succeeding general election
14-13 and until a successor has been elected and has qualified for the
14-14 office.
14-15 Sec. 202.008. Filing Deadline For Application of Nonpartisan
14-16 Judicial Candidate. (a) If a vacancy in a nonpartisan judicial
14-17 office occurs on or before the 10th day before the date of the
14-18 regular deadline for filing an application for a place on the
14-19 nonpartisan judicial election ballot, an application for election
14-20 to the next four-year term must be filed by the regular filing
14-21 deadline.
14-22 (b) If the vacancy occurs after the 10th day before the date
14-23 of the regular filing deadline, an application for election to the
14-24 next four-year term must be filed not later than 5 p.m. of the 15th
14-25 day after the date the vacancy occurs or 5 p.m. of the 60th day
14-26 before election day, whichever is earlier.
14-27 SECTION 12. (a) Each supreme court justice, court of
15-1 criminal appeals judge, and court of appeals justice in office
15-2 January 1, 1998, unless otherwise removed as provided by law,
15-3 continues in office for the term to which elected. A vacancy does
15-4 not exist in those offices until the expiration of the term of the
15-5 person who held the office January 1, 1998, or until that person
15-6 does not hold the office, whichever occurs first.
15-7 SECTION 13. This Act takes effect only if the constitutional
15-8 amendment proposed by the 75th Legislature, Regular Session, 1997,
15-9 relating to providing for the method of selection of certain
15-10 justices and judges is adopted. If the amendment is adopted, this
15-11 Act takes effect January 1, 1998.
15-12 SECTION 14. The importance of this legislation and the
15-13 crowded condition of the calendars in both houses create an
15-14 emergency and an imperative public necessity that the
15-15 constitutional rule requiring bills to be read on three several
15-16 days in each house be suspended, and this rule is hereby suspended.