By Goodman H.B. No. 1352
75R5910 GGS-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the appointment, election, and retention or rejection
1-3 of appellate justices and judges.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 22, Government Code, is amended by adding
1-6 Subchapter E to read as follows:
1-7 SUBCHAPTER E. APPOINTMENT, ELECTION, AND RETENTION OF
1-8 JUSTICES AND JUDGES
1-9 Sec. 22.401. ELECTION AND RETENTION CYCLE. (a) An
1-10 appellate justice or judge is subject to partisan election in
1-11 accordance with the applicable provisions of the Election Code at
1-12 the last general election for state and county officers to be held
1-13 before the date the justice's or judge's initial appointed term
1-14 expires.
1-15 (b) In conjunction with the last general election for state
1-16 and county officers to be held before the end of a term of office
1-17 to which a justice or judge is elected, and in conjunction with the
1-18 last general election to be held before the end of each following
1-19 continuous term in that office, the justice or judge is subject to
1-20 retention or rejection at the nonpartisan judicial retention
1-21 election in accordance with Chapter 291, Election Code.
1-22 (c) If a justice or judge does not seek retention, or
1-23 withdraws from the retention election, as provided by Chapter 291,
1-24 Election Code, the vacancy existing at the beginning of the
2-1 succeeding term shall be filled in the manner prescribed by the
2-2 Texas Constitution.
2-3 (d) If a vacancy occurs in the office of a justice or judge
2-4 seeking retention and the justice's or judge's name is omitted from
2-5 the retention election ballot under Chapter 291, Election Code, the
2-6 vacancy shall be filled in the manner prescribed by the Texas
2-7 Constitution.
2-8 Sec. 22.402. EFFECT OF RETENTION VOTE. (a) If a majority
2-9 of the votes received on the question are for the retention of the
2-10 justice or judge, the person is entitled to remain in office for a
2-11 regular term of six years beginning on the first day of the
2-12 following January, unless the person becomes ineligible or is
2-13 removed as provided by law.
2-14 (b) If less than a majority of the votes received on the
2-15 question are for retention, a vacancy in the office exists on the
2-16 first day of the following January, and the vacancy shall be filled
2-17 in the manner prescribed by the Texas Constitution.
2-18 (c) If the name of a justice or judge seeking retention
2-19 appears on the retention election ballot under Chapter 291,
2-20 Election Code, although a vacancy has occurred in the office, the
2-21 retention election for that office has no effect, and the vacancy
2-22 shall be filled in the manner prescribed by the Texas Constitution.
2-23 SECTION 2. Section 41.002, Election Code, is amended to read
2-24 as follows:
2-25 Sec. 41.002. GENERAL ELECTION FOR STATE AND COUNTY OFFICERS.
2-26 The general election for state and county officers, including the
2-27 nonpartisan judicial retention election, shall be held on the first
3-1 Tuesday after the first Monday in November in even-numbered years.
3-2 SECTION 3. The Election Code is amended by adding Title 17
3-3 to read as follows:
3-4 TITLE 17. NONPARTISAN JUDICIAL RETENTION ELECTIONS
3-5 CHAPTER 291. RETENTION ELECTION
3-6 Sec. 291.001. DECLARATION OF CANDIDACY. (a) Not later than
3-7 5 p.m. on June 1 preceding the nonpartisan judicial retention
3-8 election at which the justice or judge is subject to retention or
3-9 rejection, a justice or judge who seeks to continue to serve in
3-10 that office must file with the secretary of state a declaration of
3-11 candidacy to succeed to the next term.
3-12 (b) A declaration may not be filed earlier than the 30th day
3-13 before the date of the filing deadline. A declaration filed by
3-14 mail is considered to be filed at the time of its receipt by the
3-15 appropriate authority.
3-16 (c) The filling of the office for which a declaration of
3-17 candidacy is not filed is covered by Chapter 22, Government Code.
3-18 Sec. 291.002. Withdrawal, Death, or Ineligibility. (a)
3-19 With respect to withdrawal, death, or ineligibility of a candidate
3-20 in a retention election, this section supersedes Subchapter A,
3-21 Chapter 145, to the extent of any conflict.
3-22 (b) A candidate may not withdraw from the retention election
3-23 after the 65th day before election day.
3-24 (c) A withdrawal request must be filed with the authority
3-25 with whom the withdrawing candidate's declaration of candidacy is
3-26 required to be filed.
3-27 (d) A candidate's name shall be omitted from the retention
4-1 election ballot if the candidate withdraws, dies, or is declared
4-2 ineligible on or before the 65th day before election day.
4-3 (e) If a candidate who has made a declaration of candidacy
4-4 that complies with the applicable requirements dies or is declared
4-5 ineligible after the 65th day before election day, the candidate's
4-6 name shall be placed on the retention election ballot.
4-7 (f) The filling of the office following implementation of
4-8 Subsection (d) or (e) is covered by Chapter 22, Government Code.
4-9 Sec. 291.003. Certification of Names for Placement on
4-10 Retention Election Ballot. (a) Except as provided by Subsection
4-11 (c), the secretary of state shall certify in writing for placement
4-12 on the retention election ballot the name of each candidate who
4-13 files with the secretary a declaration of candidacy that complies
4-14 with Section 291.001.
4-15 (b) Not later than the 55th day before election day, the
4-16 secretary of state shall deliver the certification to the authority
4-17 responsible for having the official ballot prepared in each county
4-18 in which the candidate's name is to appear on the ballot.
4-19 (c) A candidate's name may not be certified if, before
4-20 delivering the certification, the secretary of state learns that
4-21 the name is to be omitted from the ballot under Section 291.002.
4-22 Sec. 291.004. Retention Election Ballot. The name of the
4-23 person subject to retention or rejection shall be submitted to the
4-24 voters on the nonpartisan judicial retention election ballot
4-25 following the offices subject to election under the heading
4-26 "Retention of Nonpartisan Judicial Offices," in substantially the
4-27 following form:
5-1 "Shall (Justice or Judge)__________________________
5-2 ___________________________________________________
5-3 be retained in office as (justice or judge) of the
5-4 (name of court)__________________________________?"
5-5 ____"Yes"
5-6 ____"No"
5-7 Sec. 291.005. General Procedure for Conduct of Retention
5-8 Election. (a) Except as otherwise provided by this code, the
5-9 retention election shall be conducted and the results canvassed,
5-10 tabulated, and reported in the manner applicable to partisan
5-11 offices in the general election for state and county officers.
5-12 (b) A certificate of election shall be issued to a retained
5-13 officer in the same manner as provided for a candidate elected to
5-14 the office.
5-15 Sec. 291.006. WRITE-IN VOTING PROHIBITED. Write-in voting
5-16 is not permitted in a retention election.
5-17 Sec. 291.007. Political Contributions and Expenditures. A
5-18 candidate for retention of a judicial office is subject to Title 15
5-19 and shall comply with that title in the same manner as a candidate
5-20 for election to the office.
5-21 Sec. 291.008. Applicability of Other Parts of Code. The
5-22 other titles of this code apply to a retention election under this
5-23 chapter except provisions that are inconsistent with this title or
5-24 that cannot feasibly be applied in a retention election.
5-25 Sec. 291.009. Additional Procedures. The secretary of state
5-26 shall prescribe any additional procedures necessary for the orderly
5-27 and proper administration of retention elections held under this
6-1 chapter.
6-2 SECTION 4. Section 1.005, Election Code, is amended by
6-3 amending Subdivision (9) and by adding Subdivisions (25) and (26)
6-4 to read as follows:
6-5 (9) "Independent candidate" means a candidate in a
6-6 nonpartisan election or a candidate in a partisan election who is
6-7 not the nominee of a political party. The term does not include a
6-8 nonpartisan judicial candidate.
6-9 (25) "Nonpartisan judicial retention election" means
6-10 an election held under Title 17.
6-11 (26) "Nonpartisan judicial candidate" means a
6-12 candidate in a nonpartisan judicial retention election.
6-13 SECTION 5. Section 52.092, Election Code, is amended by
6-14 amending Subsections (a) and (g)-(j) and by adding Subsection (k)
6-15 to read as follows:
6-16 (a) For an election at which offices regularly filled at the
6-17 general election for state and county officers, including the
6-18 nonpartisan judicial retention election, are to appear on the
6-19 ballot, the offices shall be listed in the following order:
6-20 (1) offices of the federal government;
6-21 (2) offices of the state government:
6-22 (A) statewide offices;
6-23 (B) district offices;
6-24 (3) offices of the county government:
6-25 (A) county offices;
6-26 (B) precinct offices.
6-27 (g) The nonpartisan judicial offices shall be listed in the
7-1 following order:
7-2 (1) chief justice, supreme court;
7-3 (2) justice, supreme court;
7-4 (3) presiding judge, court of criminal appeals;
7-5 (4) judge, court of criminal appeals;
7-6 (5) chief justice, court of appeals;
7-7 (6) justice, court of appeals.
7-8 (h) [(g)] If two or more offices having the same title
7-9 except for a place number or other distinguishing number are to
7-10 appear on the ballot, the number shall appear as part of the office
7-11 title and the offices shall be listed in numerical order.
7-12 (i) [(h)] The secretary of state shall assign a place number
7-13 to each position to be filled at the general election for state and
7-14 county officers, or to each position for which a retention election
7-15 is to be held, for [each full or unexpired term in] the following
7-16 offices:
7-17 (1) justice, supreme court;
7-18 (2) judge, court of criminal appeals; and
7-19 (3) justice, court of appeals in a court having a
7-20 membership in excess of three, if distinguishing the positions to
7-21 be filled is necessary.
7-22 (j) [(i)] The secretary of state shall designate the
7-23 position of new offices on the ballot.
7-24 (k) [(j)] The office of judge of a multicounty statutory
7-25 county court created under Subchapter D, Chapter 25, Government
7-26 Code, is considered to be a county office for purposes of listing
7-27 the office on the ballot and to be a district office for all other
8-1 purposes under this code.
8-2 SECTION 6. Section 145.003(b), Election Code, is amended to
8-3 read as follows:
8-4 (b) A candidate in the general election for state and county
8-5 officers, including the nonpartisan judicial retention election,
8-6 may be declared ineligible before the 30th day preceding election
8-7 day by:
8-8 (1) the party officer responsible for certifying the
8-9 candidate's name for placement on the general election ballot, in
8-10 the case of a candidate who is a political party's nominee; or
8-11 (2) the authority with whom the candidate's
8-12 application for a place on the ballot or declaration of candidacy
8-13 is required to be filed, in the case of an independent candidate or
8-14 a nonpartisan judicial candidate, as applicable.
8-15 SECTION 7. Section 145.005(a), Election Code, is amended to
8-16 read as follows:
8-17 (a) If the name of a deceased or ineligible candidate
8-18 appears on the ballot [under this chapter], the votes cast for the
8-19 candidate shall be counted and entered on the official election
8-20 returns in the same manner as for the other candidates.
8-21 SECTION 8. Section 202.001, Election Code, is amended to
8-22 read as follows:
8-23 Sec. 202.001. APPLICABILITY OF CHAPTER. (a) This chapter
8-24 applies to elective offices of the state and county governments
8-25 except the offices of state senator and state representative.
8-26 (b) This chapter does not apply to the office of justice or
8-27 judge of an appellate court.
9-1 SECTION 9. (a) Each supreme court justice, court of
9-2 criminal appeals judge, and court of appeals justice in office
9-3 January 1, 1998, unless otherwise removed as provided by law,
9-4 continues in office for the term to which elected.
9-5 (b) Each supreme court justice, court of criminal appeals
9-6 judge, and court of appeals justice who is in office January 1,
9-7 1998, is subject to retention or rejection, in the manner provided
9-8 by law, at the general election preceding the expiration of the
9-9 regular or unexpired term for which each was elected or appointed.
9-10 A vacancy does not exist in those offices until the expiration of
9-11 the term of the person who held the office January 1, 1998, or
9-12 until that person does not hold the office, whichever occurs first.
9-13 SECTION 10. This Act takes effect only if the constitutional
9-14 amendment proposed by the 75th Legislature, Regular Session, 1997,
9-15 relating to the filing by gubernatorial appointment of vacancies in
9-16 the offices of appellate justices and judges, to the election and
9-17 retention or rejection of those justices and judges, and to the
9-18 appointment of district judges in accordance with certain standards
9-19 is adopted. If the amendment is adopted, this Act takes effect
9-20 January 1, 1998.
9-21 SECTION 11. The importance of this legislation and the
9-22 crowded condition of the calendars in both houses create an
9-23 emergency and an imperative public necessity that the
9-24 constitutional rule requiring bills to be read on three several
9-25 days in each house be suspended, and this rule is hereby suspended.