1-1 By: Thompson (Senate Sponsor - Ellis) H.B. No. 1175
1-2 (In the Senate - Received from the House May 16, 1997;
1-3 May 16, 1997, read first time and referred to Committee on
1-4 Jurisprudence; May 18, 1997, reported adversely, with favorable
1-5 Committee Substitute by the following vote: Yeas 6, Nays 1;
1-6 May 18, 1997, sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR H.B. No. 1175 By: Duncan
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the method of selection of certain justices and judges.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Chapter 22, Government Code, is amended by adding
1-13 Subchapter E to read as follows:
1-14 SUBCHAPTER E. APPOINTMENT, ELECTION, AND RETENTION OF
1-15 JUSTICES AND JUDGES
1-16 Sec. 22.401. ELECTION AND RETENTION CYCLE. (a) An
1-17 appellate justice or judge is subject to partisan election in
1-18 accordance with the applicable provisions of the Election Code at
1-19 the last general election for state and county officers to be held
1-20 before the date the justice's or judge's initial appointed term
1-21 expires.
1-22 (b) In conjunction with the last general election for state
1-23 and county officers to be held before the end of term of office to
1-24 which a justice or judge is elected, and in conjunction with the
1-25 last general election to be held before the end of each following
1-26 continuous term in that office, the justice or judge is subject to
1-27 retention or rejection at the nonpartisan judicial retention
1-28 election in accordance with Chapter 291, Election Code.
1-29 (c) If a justice or judge does not seek retention, or
1-30 withdraws from the retention election, as provided by Chapter 291,
1-31 Election Code, the vacancy existing at the beginning of the
1-32 succeeding term shall be filled in the manner prescribed by the
1-33 Texas Constitution.
1-34 (d) If a vacancy occurs in the office of a justice or judge
1-35 seeking retention and the justice's or judge's name is omitted from
1-36 the retention election ballot under Chapter 291, Election Code, the
1-37 vacancy shall be filled in the manner prescribed by the Texas
1-38 Constitution.
1-39 Sec. 22.402. EFFECT OF RETENTION VOTE. (a) If a majority
1-40 of the votes received on the question are for the retention of the
1-41 justice or judge, the person is entitled to remain in office for a
1-42 regular term of six years beginning on the first day of the
1-43 following January, unless the person becomes ineligible or is
1-44 removed as provided by law.
1-45 (b) If less than a majority of the votes received on the
1-46 question are for retention, a vacancy in the office exists on the
1-47 first day of the following January, and the vacancy shall be filled
1-48 in the manner prescribed by the Texas Constitution.
1-49 (c) If the name of a justice or judge seeking retention
1-50 appears on the retention election ballot under Chapter 291,
1-51 Election Code, although a vacancy has occurred in the office, the
1-52 retention election for that office has no effect, and the vacancy
1-53 shall be filled in the manner prescribed by the Texas Constitution.
1-54 SECTION 2. Section 41.002, Election Code, is amended to read
1-55 as follows:
1-56 Sec. 41.002. GENERAL ELECTION FOR STATE AND COUNTY OFFICERS.
1-57 The general election for state and county officers, including the
1-58 nonpartisan judicial retention election, shall be held on the first
1-59 Tuesday after the first Monday in November in even-numbered years.
1-60 SECTION 3. The Election Code is amended by adding Title 17
1-61 to read as follows:
1-62 TITLE 17. NONPARTISAN JUDICIAL RETENTION ELECTIONS
1-63 CHAPTER 291. RETENTION ELECTION
1-64 Sec. 291.001. DECLARATION OF CANDIDACY. (a) Not later than
2-1 5 p.m. on June 1 preceding the nonpartisan judicial retention
2-2 election at which the justice or judge is subject to retention or
2-3 rejection, a justice or judge who seeks to continue to serve in
2-4 that office must file with the secretary of state a declaration of
2-5 candidacy to succeed to the next term.
2-6 (b) A declaration may not be filed earlier than the 30th day
2-7 before the date of the filing deadline. A declaration filed by
2-8 mail is considered to be filed at the time of its receipt by the
2-9 appropriate authority.
2-10 (c) The filling of the office for which a declaration of
2-11 candidacy is not filed is covered by Chapter 22, Government Code.
2-12 Sec. 291.002. Withdrawal, Death, or Ineligibility.
2-13 (a) With respect to withdrawal, death, or ineligibility of a
2-14 candidate in a retention election, this section supersedes
2-15 Subchapter A, Chapter 145, to the extent of any conflict.
2-16 (b) A candidate may not withdraw from the retention election
2-17 after the 65th day before election day.
2-18 (c) A withdrawal request must be filed with the authority
2-19 with whom the withdrawing candidate's declaration of candidacy is
2-20 required to be filed.
2-21 (d) A candidate's name shall be omitted from the retention
2-22 election ballot if the candidate withdraws, dies, or is declared
2-23 ineligible on or before the 65th day before election day.
2-24 (e) If a candidate who has made a declaration of candidacy
2-25 that complies with the applicable requirements dies or is declared
2-26 ineligible after the 65th day before election day, the candidate's
2-27 name shall be placed on the retention election ballot.
2-28 (f) The filling of the office following implementation of
2-29 Subsection (d) or (e) is covered by Chapter 22, Government Code.
2-30 Sec. 291.003. Certification of Names for Placement on
2-31 Retention Election Ballot. (a) Except as provided by Subsection
2-32 (c), the secretary of state shall certify in writing for placement
2-33 on the retention election ballot the name of each candidate who
2-34 files with the secretary a declaration of candidacy that complies
2-35 with Section 291.001.
2-36 (b) Not later than the 55th day before election day, the
2-37 secretary of state shall deliver the certification to the authority
2-38 responsible for having the official ballot prepared in each county
2-39 in which the candidate's name is to appear on the ballot.
2-40 (c) A candidate's name may not be certified if, before
2-41 delivering the certification, the secretary of state learns that
2-42 the name is to be omitted from the ballot under Section 291.002.
2-43 Sec. 291.004. Retention Election Ballot. The name of the
2-44 person subject to retention or rejection shall be submitted to the
2-45 voters on the nonpartisan judicial retention election ballot
2-46 following the offices subject to election under the heading
2-47 "Retention of Nonpartisan Judicial Offices," in substantially the
2-48 following form:
2-49 "Shall (Justice or Judge)_________________________
2-50 _________________________________________
2-51 be retained in office as (justice or judge) of the
2-52 (name of court)_____________________________________?"
2-53 "Yes"
2-54 "No"
2-55 Sec. 291.005. General Procedure for Conduct of Retention
2-56 Election. (a) Except as otherwise provided by this code, the
2-57 retention election shall be conducted and the results canvassed,
2-58 tabulated, and reported in the manner applicable to partisan
2-59 offices in the general election for state and county officers.
2-60 (b) A certificate of election shall be issued to a retained
2-61 officer in the same manner as provided for a candidate elected to
2-62 the office.
2-63 Sec. 291.006. WRITE-IN VOTING PROHIBITED. Write-in voting
2-64 is not permitted in a retention election.
2-65 Sec. 291.007. Political Contributions and Expenditures. A
2-66 candidate for retention of a judicial office is subject to Title 15
2-67 and shall comply with that title in the same manner as a candidate
2-68 for election to the office.
2-69 Sec. 291.008. Applicability of Other Parts of Code. The
3-1 other titles of this code apply to a retention election under this
3-2 chapter except provisions that are inconsistent with this title or
3-3 that cannot feasibly be applied in a retention election.
3-4 Sec. 291.009. Additional Procedures. The secretary of state
3-5 shall prescribe any additional procedures necessary for the orderly
3-6 and proper administration of retention elections held under this
3-7 chapter.
3-8 SECTION 4. Section 1.005, Election Code, is amended by
3-9 amending Subdivisions (9) and (20) and adding Subdivisions (25),
3-10 (26), and (27) to read as follows:
3-11 (9) "Independent candidate" means a candidate in a
3-12 nonpartisan election or a candidate in a partisan election who is
3-13 not the nominee of a political party. The term does not include a
3-14 nonpartisan judicial candidate.
3-15 (20) "Straight-party vote" means a vote by a single
3-16 mark, punch, or other action by the voter for all the nominees of
3-17 one political party, except nominees for partisan appellate and
3-18 district court offices, and for no other candidates.
3-19 (25) "Nonpartisan judicial retention election" means
3-20 an election held under Title 17.
3-21 (26) "Nonpartisan judicial candidate" means a
3-22 candidate in a nonpartisan judicial retention election.
3-23 (27) "Partisan appellate or district court office"
3-24 means an office listed in Section 52.092(g).
3-25 SECTION 5. Section 52.065, Election Code, is amended by
3-26 adding Subsection (f) to read as follows:
3-27 (f) Partisan appellate and district court offices shall
3-28 appear on the ballot in the same format as the other offices but
3-29 under the heading "Partisan Appellate and District Court Offices"
3-30 after the listing of the other offices.
3-31 SECTION 6. Section 52.066, Election Code, is amended by
3-32 adding Subsection (e) to read as follows:
3-33 (e) Partisan appellate and district court offices shall
3-34 appear on the ballot in the same format as the other offices but
3-35 under the heading "Partisan Appellate and District Court Offices"
3-36 after the listing of the other offices.
3-37 SECTION 7. Subchapter C, Chapter 52, Election Code, is
3-38 amended by adding Section 52.0661 to read as follows:
3-39 Sec. 52.0661. SEPARATE LISTING OF UNOPPOSED PARTISAN
3-40 APPELLATE AND DISTRICT COURT CANDIDATES. (a) Any unopposed
3-41 candidates for partisan appellate or district court offices shall
3-42 be listed separately on the ballot under the heading "Uncontested
3-43 Partisan Appellate and District Court Races" following the
3-44 contested races for those offices.
3-45 (b) In the general election for state and county officers,
3-46 the party alignment of each unopposed candidate for an office
3-47 covered by this section shall be indicated next to the candidate's
3-48 name.
3-49 (c) The secretary of state shall prescribe any procedures or
3-50 instructions necessary to implement this section.
3-51 SECTION 8. Subsection (b), Section 52.070, Election Code, is
3-52 amended to read as follows:
3-53 (b) Immediately below "OFFICIAL BALLOT[,]" and "Partisan
3-54 Appellate and District Court Offices," if applicable, the following
3-55 instruction shall be printed: "Vote for the candidate of your
3-56 choice in each race by placing an 'X' in the square beside the
3-57 candidate's name."
3-58 SECTION 9. Section 52.071, Election Code, is amended to read
3-59 as follows:
3-60 Sec. 52.071. Voting Square and Instruction for
3-61 Straight-Party Vote. (a) On a ballot on which a party column
3-62 appears in connection with offices other than partisan appellate or
3-63 district court offices, a square larger than the square prescribed
3-64 by Section 52.070(a) shall be printed to the left of each political
3-65 party's name.
3-66 (b) The following instruction shall be added to the
3-67 instruction required by Section 52.070(b) in connection with
3-68 offices other than partisan appellate or district court offices:
3-69 "You may cast a straight-party vote (that is, cast a vote for all
4-1 the nominees of one party, except nominees for partisan appellate
4-2 or district court offices) by placing an 'X' in the square beside
4-3 the name of the party of your choice. If you cast a straight-party
4-4 vote [for all the nominees of one party] and also cast a vote for
4-5 an opponent of one of that party's nominees, your vote for the
4-6 opponent will be counted as well as your vote for all the other
4-7 nominees of the party for which the straight-party vote was cast."
4-8 SECTION 10. Section 52.092, Election Code, is amended by
4-9 amending Subsections (a), (c), (d), and (g) through (j) and adding
4-10 Subsections (k) and (l) to read as follows:
4-11 (a) For an election at which offices regularly filled at the
4-12 general election for state and county officers, including the
4-13 nonpartisan judicial retention election, are to appear on the
4-14 ballot, the offices shall be listed in the following order:
4-15 (1) offices of the federal government;
4-16 (2) offices of the state government:
4-17 (A) statewide offices;
4-18 (B) district offices;
4-19 (3) offices of the county government:
4-20 (A) county offices;
4-21 (B) precinct offices.
4-22 (c) Statewide offices of the state government shall be
4-23 listed in the following order:
4-24 (1) governor;
4-25 (2) lieutenant governor;
4-26 (3) attorney general;
4-27 (4) comptroller of public accounts;
4-28 (5) [state treasurer;]
4-29 [(6)] commissioner of the General Land Office;
4-30 (6) [(7)] commissioner of agriculture;
4-31 (7) [(8)] railroad commissioner[;]
4-32 [(9) chief justice, supreme court;]
4-33 [(10) justice, supreme court;]
4-34 [(11) presiding judge, court of criminal appeals;]
4-35 [(12) judge, court of criminal appeals].
4-36 (d) District offices of the state government shall be listed
4-37 in the following order:
4-38 (1) member, State Board of Education;
4-39 (2) state senator;
4-40 (3) state representative;
4-41 (4) [chief justice, court of appeals;]
4-42 [(5) justice, court of appeals;]
4-43 [(6) district judge;]
4-44 [(7) criminal district judge;]
4-45 [(8) family district judge;]
4-46 [(9)] district attorney;
4-47 (5) [(10)] criminal district attorney.
4-48 (g) Partisan appellate and district court offices shall be
4-49 listed in the following order:
4-50 (1) chief justice, supreme court;
4-51 (2) justice, supreme court;
4-52 (3) presiding judge, court of criminal appeals;
4-53 (4) judge, court of criminal appeals;
4-54 (5) chief justice, court of appeals;
4-55 (6) justice, court of appeals;
4-56 (7) district judge;
4-57 (8) criminal district judge;
4-58 (9) family district judge.
4-59 (h) The nonpartisan judicial offices shall be listed in the
4-60 following order:
4-61 (1) chief justice, supreme court;
4-62 (2) justice, supreme court;
4-63 (3) presiding judge, court of criminal appeals;
4-64 (4) judge, court of criminal appeals;
4-65 (5) chief justice, court of appeals;
4-66 (6) justice, court of appeals.
4-67 (i) If two or more offices having the same title except for
4-68 a place number or other distinguishing number are to appear on the
4-69 ballot, the number shall appear as part of the office title and the
5-1 offices shall be listed in numerical order.
5-2 (j) [(h)] The secretary of state shall assign a place number
5-3 to each position to be filled at the general election for state and
5-4 county officers, or to each position for which a retention election
5-5 is to be held, for [each full or unexpired term in] the following
5-6 offices:
5-7 (1) justice, supreme court;
5-8 (2) judge, court of criminal appeals; and
5-9 (3) justice, court of appeals in a court having a
5-10 membership in excess of three, if distinguishing the positions to
5-11 be filled is necessary.
5-12 (k) [(i)] The secretary of state shall designate the
5-13 position of new offices on the ballot.
5-14 (l) [(j)] The office of judge of a multicounty statutory
5-15 county court created under Subchapter D, Chapter 25, Government
5-16 Code, is considered to be a county office for purposes of listing
5-17 the office on the ballot and to be a district office for all other
5-18 purposes under this code.
5-19 SECTION 11. Subsections (b) and (c), Section 65.007,
5-20 Election Code, are amended to read as follows:
5-21 (b) Except as provided by Subsection (c) or (d), each
5-22 straight-party vote shall be tallied for the party receiving the
5-23 vote instead of being tallied for the individual candidates of the
5-24 party. The total number of straight-party votes tallied for each
5-25 party shall be added to the total votes received for each of the
5-26 party nominees individually, except nominees for partisan appellate
5-27 or district court offices.
5-28 (c) If a ballot indicates a straight-party vote and a vote
5-29 for an opponent of one or more of that party's nominees, a vote
5-30 shall be counted for the opponent and for each of the party's other
5-31 nominees, except nominees for partisan appellate or district court
5-32 offices, whether or not any of those nominees have received
5-33 individual votes.
5-34 SECTION 12. Subchapter A, Chapter 124, Election Code, is
5-35 amended by amending Section 124.003 and adding Section 124.0031 to
5-36 read as follows:
5-37 Sec. 124.003. Separate Listing of Unopposed Candidates[;
5-38 Bloc Voting]. (a) Any unopposed candidates, except candidates for
5-39 partisan appellate or district court offices, may be listed
5-40 separately under the heading "Uncontested Races" on a voting system
5-41 ballot or ballot label.
5-42 (b) In an election in which the ballots indicate political
5-43 party alignment, the party alignment of the candidates listed under
5-44 the uncontested races heading shall be indicated next to the
5-45 candidate's name.
5-46 (c) Candidates listed under the uncontested races heading
5-47 may be arranged in a manner requiring voting on them as one or more
5-48 groups [blocs], but only if an additional ballot or ballot label
5-49 would otherwise be necessary to accommodate all the candidates and
5-50 propositions to be listed.
5-51 (d) The requirement that the ballot or ballot label be
5-52 arranged to permit straight-party voting does not apply to
5-53 candidates listed under the uncontested races heading.
5-54 Sec. 124.0031. SEPARATE LISTING OF UNOPPOSED PARTISAN
5-55 APPELLATE AND DISTRICT COURT CANDIDATES. Candidates listed under
5-56 the uncontested partisan appellate and district court races heading
5-57 may be arranged in a manner requiring voting on them as one or more
5-58 groups, but only if an additional ballot or ballot label would
5-59 otherwise be necessary to accommodate all the candidates and
5-60 propositions to be listed.
5-61 SECTION 13. Subsection (b), Section 124.061, Election Code,
5-62 is amended to read as follows:
5-63 (b) A punch-card ballot label may comprise as many separate
5-64 sheets as are necessary to list the candidates and propositions
5-65 stating measures to be voted on in an election. If more than one
5-66 sheet is used, the first sheet of the sequence must [shall]
5-67 indicate the fact that the ballot is continued on one or more
5-68 additional sheets and must indicate the sheet on which the listing
5-69 of partisan appellate and district court offices, if any, begins.
6-1 Sheets in the same sequence may be identified by any method that
6-2 will facilitate voting or ballot processing and not confuse the
6-3 voters.
6-4 SECTION 14. Subsection (a), Section 124.063, Election Code,
6-5 is amended to read as follows:
6-6 (a) An electronic system ballot on which a voter indicates a
6-7 vote by punching a hole in the ballot must contain the following
6-8 instruction if candidates are to be voted on: "Vote for the
6-9 candidate of your choice in each race by making a punch hole in the
6-10 space provided adjacent to the name of that candidate." The ballot
6-11 must contain the same instruction in conjunction with any partisan
6-12 appellate or district court offices appearing on the ballot. If a
6-13 proposition appears on the ballot, the ballot must contain the
6-14 following instruction: "Make a punch hole in the space provided
6-15 beside the statement indicating the way you desire to vote."
6-16 SECTION 15. Subsection (b), Section 145.003, Election Code,
6-17 is amended to read as follows:
6-18 (b) A candidate in the general election for state and county
6-19 officers, including the nonpartisan judicial retention election,
6-20 may be declared ineligible before the 30th day preceding election
6-21 day by:
6-22 (1) the party officer responsible for certifying the
6-23 candidate's name for placement on the general election ballot, in
6-24 the case of a candidate who is a political party's nominee; or
6-25 (2) the authority with whom the candidate's
6-26 application for a place on the ballot or declaration of candidacy
6-27 is required to be filed, in the case of an independent candidate or
6-28 a nonpartisan judicial candidate, as applicable.
6-29 SECTION 16. Subsection (a), Section 145.005, Election Code,
6-30 is amended to read as follows:
6-31 (a) If the name of a deceased or ineligible candidate
6-32 appears on the ballot [under this chapter], the votes cast for the
6-33 candidate shall be counted and entered on the official election
6-34 returns in the same manner as for the other candidates.
6-35 SECTION 17. Section 202.001, Election Code, is amended to
6-36 read as follows:
6-37 Sec. 202.001. Applicability of Chapter. (a) This chapter
6-38 applies to elective offices of the state and county governments
6-39 except the offices of state senator and state representative.
6-40 (b) This chapter does not apply to the office of justice or
6-41 judge of an appellate court.
6-42 SECTION 18. (a) Each supreme court justice, court of
6-43 criminal appeals judge, and court of appeals justice in office
6-44 January 1, 1998, unless otherwise removed as provided by law,
6-45 continues in office for the term to which elected.
6-46 (b) Each supreme court justice, court of criminal appeals
6-47 judge, and court of appeals justice who is in office January 1,
6-48 1998, is subject to retention or rejection, in the manner provided
6-49 by law, at the general election preceding the expiration of the
6-50 regular or unexpired term for which each was elected or appointed.
6-51 A vacancy does not exist in those offices until the expiration of
6-52 the term of the person who held the office January 1, 1998, or
6-53 until that person does not hold the office, whichever occurs first.
6-54 SECTION 19. This Act takes effect only if the constitutional
6-55 amendment proposed by the 75th Legislature, Regular Session, 1997,
6-56 relating to the filing by gubernatorial appointment of vacancies in
6-57 the offices of appellate justices and judges, to the election and
6-58 retention or rejection of those justices and judges, and to the
6-59 appointment of district judges in accordance with certain standards
6-60 is adopted. If the amendment is adopted, this Act takes effect
6-61 January 1, 1998.
6-62 SECTION 20. The importance of this legislation and the
6-63 crowded condition of the calendars in both houses create an
6-64 emergency and an imperative public necessity that the
6-65 constitutional rule requiring bills to be read on three several
6-66 days in each house be suspended, and this rule is hereby suspended.
6-67 * * * * *