By Duncan S.B. No. 621
75R4193 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 and to elimination of a
1-4 straight-party vote in connection with appellate and district
1-5 justices and judges.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Chapter 22, Government Code, is amended by adding
1-8 Subchapter E to read as follows:
1-9 SUBCHAPTER E. APPOINTMENT, ELECTION, AND RETENTION OF
1-10 JUSTICES AND JUDGES
1-11 Sec. 22.401. ELECTION AND RETENTION CYCLE. (a) An
1-12 appellate justice or judge is subject to partisan election in
1-13 accordance with the applicable provisions of the Election Code at
1-14 the last general election for state and county officers to be held
1-15 before the date the justice's or judge's initial appointed term
1-16 expires.
1-17 (b) In conjunction with the last general election for state
1-18 and county officers to be held before the end of a term of office
1-19 to which a justice or judge is elected, and in conjunction with the
1-20 last general election to be held before the end of each following
1-21 continuous term in that office, the justice or judge is subject to
1-22 retention or rejection at the nonpartisan judicial retention
1-23 election in accordance with Chapter 291, Election Code.
1-24 (c) If a justice or judge does not seek retention, or
2-1 withdraws from the retention election, as provided by Chapter 291,
2-2 Election Code, the vacancy existing at the beginning of the
2-3 succeeding term shall be filled in the manner prescribed by the
2-4 Texas Constitution.
2-5 (d) If a vacancy occurs in the office of a justice or judge
2-6 seeking retention and the justice's or judge's name is omitted from
2-7 the retention election ballot under Chapter 291, Election Code, the
2-8 vacancy shall be filled in the manner prescribed by the Texas
2-9 Constitution.
2-10 Sec. 22.402. EFFECT OF RETENTION VOTE. (a) If a majority
2-11 of the votes received on the question are for the retention of the
2-12 justice or judge, the person is entitled to remain in office for a
2-13 regular term of six years beginning on the first day of the
2-14 following January, unless the person becomes ineligible or is
2-15 removed as provided by law.
2-16 (b) If less than a majority of the votes received on the
2-17 question are for retention, a vacancy in the office exists on the
2-18 first day of the following January, and the vacancy shall be filled
2-19 in the manner prescribed by the Texas Constitution.
2-20 (c) If the name of a justice or judge seeking retention
2-21 appears on the retention election ballot under Chapter 291,
2-22 Election Code, although a vacancy has occurred in the office, the
2-23 retention election for that office has no effect, and the vacancy
2-24 shall be filled in the manner prescribed by the Texas Constitution.
2-25 SECTION 2. Section 41.002, Election Code, is amended to read
2-26 as follows:
2-27 Sec. 41.002. GENERAL ELECTION FOR STATE AND COUNTY OFFICERS.
3-1 The general election for state and county officers, including the
3-2 nonpartisan judicial retention election, shall be held on the first
3-3 Tuesday after the first Monday in November in even-numbered years.
3-4 SECTION 3. The Election Code is amended by adding Title 17
3-5 to read as follows:
3-6 TITLE 17. NONPARTISAN JUDICIAL RETENTION ELECTIONS
3-7 CHAPTER 291. RETENTION ELECTION
3-8 Sec. 291.001. DECLARATION OF CANDIDACY. (a) Not later than
3-9 5 p.m. on June 1 preceding the nonpartisan judicial retention
3-10 election at which the justice or judge is subject to retention or
3-11 rejection, a justice or judge who seeks to continue to serve in
3-12 that office must file with the secretary of state a declaration of
3-13 candidacy to succeed to the next term.
3-14 (b) A declaration may not be filed earlier than the 30th day
3-15 before the date of the filing deadline. A declaration filed by
3-16 mail is considered to be filed at the time of its receipt by the
3-17 appropriate authority.
3-18 (c) The filling of the office for which a declaration of
3-19 candidacy is not filed is covered by Chapter 22, Government Code.
3-20 Sec. 291.002. Withdrawal, Death, or Ineligibility. (a)
3-21 With respect to withdrawal, death, or ineligibility of a candidate
3-22 in a retention election, this section supersedes Subchapter A,
3-23 Chapter 145, to the extent of any conflict.
3-24 (b) A candidate may not withdraw from the retention election
3-25 after the 65th day before election day.
3-26 (c) A withdrawal request must be filed with the authority
3-27 with whom the withdrawing candidate's declaration of candidacy is
4-1 required to be filed.
4-2 (d) A candidate's name shall be omitted from the retention
4-3 election ballot if the candidate withdraws, dies, or is declared
4-4 ineligible on or before the 65th day before election day.
4-5 (e) If a candidate who has made a declaration of candidacy
4-6 that complies with the applicable requirements dies or is declared
4-7 ineligible after the 65th day before election day, the candidate's
4-8 name shall be placed on the retention election ballot.
4-9 (f) The filling of the office following implementation of
4-10 Subsection (d) or (e) is covered by Chapter 22, Government Code.
4-11 Sec. 291.003. Certification of Names for Placement on
4-12 Retention Election Ballot. (a) Except as provided by Subsection
4-13 (c), the secretary of state shall certify in writing for placement
4-14 on the retention election ballot the name of each candidate who
4-15 files with the secretary a declaration of candidacy that complies
4-16 with Section 291.001.
4-17 (b) Not later than the 55th day before election day, the
4-18 secretary of state shall deliver the certification to the authority
4-19 responsible for having the official ballot prepared in each county
4-20 in which the candidate's name is to appear on the ballot.
4-21 (c) A candidate's name may not be certified if, before
4-22 delivering the certification, the secretary of state learns that
4-23 the name is to be omitted from the ballot under Section 291.002.
4-24 Sec. 291.004. Retention Election Ballot. The name of the
4-25 person subject to retention or rejection shall be submitted to the
4-26 voters on the nonpartisan judicial retention election ballot
4-27 following the offices subject to election under the heading
5-1 "Retention of Nonpartisan Judicial Offices," in substantially the
5-2 following form:
5-3 "Shall (Justice or Judge)__________________________
5-4 ___________________________________________________
5-5 be retained in office as (justice or judge) of the
5-6 (name of court)__________________________________?"
5-7 ____"Yes"
5-8 ____"No"
5-9 Sec. 291.005. General Procedure for Conduct of Retention
5-10 Election. (a) Except as otherwise provided by this code, the
5-11 retention election shall be conducted and the results canvassed,
5-12 tabulated, and reported in the manner applicable to partisan
5-13 offices in the general election for state and county officers.
5-14 (b) A certificate of election shall be issued to a retained
5-15 officer in the same manner as provided for a candidate elected to
5-16 the office.
5-17 Sec. 291.006. WRITE-IN VOTING PROHIBITED. Write-in voting
5-18 is not permitted in a retention election.
5-19 Sec. 291.007. Political Contributions and Expenditures. A
5-20 candidate for retention of a judicial office is subject to Title 15
5-21 and shall comply with that title in the same manner as a candidate
5-22 for election to the office.
5-23 Sec. 291.008. Applicability of Other Parts of Code. The
5-24 other titles of this code apply to a retention election under this
5-25 chapter except provisions that are inconsistent with this title or
5-26 that cannot feasibly be applied in a retention election.
5-27 Sec. 291.009. Additional Procedures. The secretary of state
6-1 shall prescribe any additional procedures necessary for the orderly
6-2 and proper administration of retention elections held under this
6-3 chapter.
6-4 SECTION 4. Section 1.005, Election Code, is amended by
6-5 amending Subdivisions (9) and (20) and by adding Subdivisions (25),
6-6 (26), and (27) to read as follows:
6-7 (9) "Independent candidate" means a candidate in a
6-8 nonpartisan election or a candidate in a partisan election who is
6-9 not the nominee of a political party. The term does not include a
6-10 nonpartisan judicial candidate.
6-11 (20) "Straight-party vote" means a vote by a single
6-12 mark, punch, or other action by the voter for all the nominees of
6-13 one political party, except nominees for partisan appellate and
6-14 district court offices, and for no other candidates.
6-15 (25) "Nonpartisan judicial retention election" means
6-16 an election held under Title 17.
6-17 (26) "Nonpartisan judicial candidate" means a
6-18 candidate in a nonpartisan judicial retention election.
6-19 (27) "Partisan appellate or district court office"
6-20 means an office listed in Section 52.092(g).
6-21 SECTION 5. Section 52.065, Election Code, is amended by
6-22 adding Subsection (f) to read as follows:
6-23 (f) Partisan appellate and district court offices shall
6-24 appear on the ballot in the same format as the other offices but
6-25 under the heading "Partisan Appellate and District Court Offices"
6-26 after the listing of the other offices.
6-27 SECTION 6. Section 52.066, Election Code, is amended by
7-1 adding Subsection (e) to read as follows:
7-2 (e) Partisan appellate and district court offices shall
7-3 appear on the ballot in the same format as the other offices but
7-4 under the heading "Partisan Appellate and District Court Offices"
7-5 after the listing of the other offices.
7-6 SECTION 7. Subchapter C, Chapter 52, Election Code, is
7-7 amended by adding Section 52.0661 to read as follows:
7-8 Sec. 52.0661. SEPARATE LISTING OF UNOPPOSED PARTISAN
7-9 APPELLATE AND DISTRICT COURT CANDIDATES. (a) Any unopposed
7-10 candidates for partisan appellate or district court offices shall
7-11 be listed separately on the ballot under the heading "Uncontested
7-12 Partisan Appellate and District Court Races" following the
7-13 contested races for those offices.
7-14 (b) In the general election for state and county officers,
7-15 the party alignment of each unopposed candidate for an office
7-16 covered by this section shall be indicated next to the candidate's
7-17 name.
7-18 (c) The secretary of state shall prescribe any procedures or
7-19 instructions necessary to implement this section.
7-20 SECTION 8. Section 52.070(b), Election Code, is amended to
7-21 read as follows:
7-22 (b) Immediately below "OFFICIAL BALLOT[,]" and "Partisan
7-23 Appellate and District Court Offices," if applicable, the following
7-24 instruction shall be printed: "Vote for the candidate of your
7-25 choice in each race by placing an 'X' in the square beside the
7-26 candidate's name."
7-27 SECTION 9. Section 52.071, Election Code, is amended to read
8-1 as follows:
8-2 Sec. 52.071. VOTING SQUARE AND INSTRUCTION FOR
8-3 STRAIGHT-PARTY VOTE. (a) On a ballot on which a party column
8-4 appears in connection with offices other than partisan appellate or
8-5 district court offices, a square larger than the square prescribed
8-6 by Section 52.070(a) shall be printed to the left of each political
8-7 party's name.
8-8 (b) The following instruction shall be added to the
8-9 instruction required by Section 52.070(b) in connection with
8-10 offices other than partisan appellate or district court offices:
8-11 "You may cast a straight-party vote (that is, cast a vote for all
8-12 the nominees of one party, except nominees for partisan appellate
8-13 or district court offices) by placing an 'X' in the square beside
8-14 the name of the party of your choice. If you cast a straight-party
8-15 vote [for all the nominees of one party] and also cast a vote for
8-16 an opponent of one of that party's nominees, your vote for the
8-17 opponent will be counted as well as your vote for all the other
8-18 nominees of the party for which the straight-party vote was cast."
8-19 SECTION 10. Section 52.092, Election Code, is amended by
8-20 amending Subsections (a), (c), (d), and (g)-(j) and by adding
8-21 Subsections (k) and (l) to read as follows:
8-22 (a) For an election at which offices regularly filled at the
8-23 general election for state and county officers, including the
8-24 nonpartisan judicial retention election, are to appear on the
8-25 ballot, the offices shall be listed in the following order:
8-26 (1) offices of the federal government;
8-27 (2) offices of the state government:
9-1 (A) statewide offices;
9-2 (B) district offices;
9-3 (3) offices of the county government:
9-4 (A) county offices;
9-5 (B) precinct offices.
9-6 (c) Statewide offices of the state government shall be
9-7 listed in the following order:
9-8 (1) governor;
9-9 (2) lieutenant governor;
9-10 (3) attorney general;
9-11 (4) comptroller of public accounts;
9-12 (5) [state treasurer;]
9-13 [(6)] commissioner of the General Land Office;
9-14 (6) [(7)] commissioner of agriculture;
9-15 (7) [(8)] railroad commissioner[;]
9-16 [(9) chief justice, supreme court;]
9-17 [(10) justice, supreme court;]
9-18 [(11) presiding judge, court of criminal appeals;]
9-19 [(12) judge, court of criminal appeals].
9-20 (d) District offices of the state government shall be listed
9-21 in the following order:
9-22 (1) member, State Board of Education;
9-23 (2) state senator;
9-24 (3) state representative;
9-25 (4) [chief justice, court of appeals;]
9-26 [(5) justice, court of appeals;]
9-27 [(6) district judge;]
10-1 [(7) criminal district judge;]
10-2 [(8) family district judge;]
10-3 [(9)] district attorney;
10-4 (5) [(10)] criminal district attorney.
10-5 (g) Partisan appellate and district court offices shall be
10-6 listed in the following order:
10-7 (1) chief justice, supreme court;
10-8 (2) justice, supreme court;
10-9 (3) presiding judge, court of criminal appeals;
10-10 (4) judge, court of criminal appeals;
10-11 (5) chief justice, court of appeals;
10-12 (6) justice, court of appeals;
10-13 (7) district judge;
10-14 (8) criminal district judge;
10-15 (9) family district judge.
10-16 (h) The nonpartisan judicial offices shall be listed in the
10-17 following order:
10-18 (1) chief justice, supreme court;
10-19 (2) justice, supreme court;
10-20 (3) presiding judge, court of criminal appeals;
10-21 (4) judge, court of criminal appeals;
10-22 (5) chief justice, court of appeals;
10-23 (6) justice, court of appeals.
10-24 (i) [(g)] If two or more offices having the same title
10-25 except for a place number or other distinguishing number are to
10-26 appear on the ballot, the number shall appear as part of the office
10-27 title and the offices shall be listed in numerical order.
11-1 (j) [(h)] The secretary of state shall assign a place number
11-2 to each position to be filled at the general election for state and
11-3 county officers, or to each position for which a retention election
11-4 is to be held, for [each full or unexpired term in] the following
11-5 offices:
11-6 (1) justice, supreme court;
11-7 (2) judge, court of criminal appeals; and
11-8 (3) justice, court of appeals in a court having a
11-9 membership in excess of three, if distinguishing the positions to
11-10 be filled is necessary.
11-11 (k) [(i)] The secretary of state shall designate the
11-12 position of new offices on the ballot.
11-13 (l) [(j)] The office of judge of a multicounty statutory
11-14 county court created under Subchapter D, Chapter 25, Government
11-15 Code, is considered to be a county office for purposes of listing
11-16 the office on the ballot and to be a district office for all other
11-17 purposes under this code.
11-18 SECTION 11. Sections 65.007(b) and (c), Election Code, are
11-19 amended to read as follows:
11-20 (b) Except as provided by Subsection (c) or (d), each
11-21 straight-party vote shall be tallied for the party receiving the
11-22 vote instead of being tallied for the individual candidates of the
11-23 party. The total number of straight-party votes tallied for each
11-24 party shall be added to the total votes received for each of the
11-25 party nominees individually, except nominees for partisan appellate
11-26 or district court offices.
11-27 (c) If a ballot indicates a straight-party vote and a vote
12-1 for an opponent of one or more of that party's nominees, a vote
12-2 shall be counted for the opponent and for each of the party's other
12-3 nominees, except nominees for partisan appellate or district court
12-4 offices, whether or not any of those nominees have received
12-5 individual votes.
12-6 SECTION 12. Subchapter A, Chapter 124, Election Code, is
12-7 amended by amending Section 124.003 and by adding Section 124.0031
12-8 to read as follows:
12-9 Sec. 124.003. Separate Listing of Unopposed Candidates[;
12-10 Bloc Voting]. (a) Any unopposed candidates, except candidates for
12-11 partisan appellate or district court offices, may be listed
12-12 separately under the heading "Uncontested Races" on a voting system
12-13 ballot or ballot label.
12-14 (b) In an election in which the ballots indicate political
12-15 party alignment, the party alignment of the candidates listed under
12-16 the uncontested races heading shall be indicated next to the
12-17 candidate's name.
12-18 (c) Candidates listed under the uncontested races heading
12-19 may be arranged in a manner requiring voting on them as one or more
12-20 groups [blocs], but only if an additional ballot or ballot label
12-21 would otherwise be necessary to accommodate all the candidates and
12-22 propositions to be listed.
12-23 (d) The requirement that the ballot or ballot label be
12-24 arranged to permit straight-party voting does not apply to
12-25 candidates listed under the uncontested races heading.
12-26 Sec. 124.0031. SEPARATE LISTING OF UNOPPOSED PARTISAN
12-27 APPELLATE AND DISTRICT COURT CANDIDATES. Candidates listed under
13-1 the uncontested partisan appellate and district court races heading
13-2 may be arranged in a manner requiring voting on them as one or more
13-3 groups, but only if an additional ballot or ballot label would
13-4 otherwise be necessary to accommodate all the candidates and
13-5 propositions to be listed.
13-6 SECTION 13. Section 124.061(b), Election Code, is amended to
13-7 read as follows:
13-8 (b) A punch-card ballot label may comprise as many separate
13-9 sheets as are necessary to list the candidates and propositions
13-10 stating measures to be voted on in an election. If more than one
13-11 sheet is used, the first sheet of the sequence must [shall]
13-12 indicate the fact that the ballot is continued on one or more
13-13 additional sheets and must indicate the sheet on which the listing
13-14 of partisan appellate and district court offices, if any, begins.
13-15 Sheets in the same sequence may be identified by any method that
13-16 will facilitate voting or ballot processing and not confuse the
13-17 voters.
13-18 SECTION 14. Section 124.063(a), Election Code, is amended to
13-19 read as follows:
13-20 (a) An electronic system ballot on which a voter indicates a
13-21 vote by punching a hole in the ballot must contain the following
13-22 instruction if candidates are to be voted on: "Vote for the
13-23 candidate of your choice in each race by making a punch hole in the
13-24 space provided adjacent to the name of that candidate." The ballot
13-25 must contain the same instruction in conjunction with any partisan
13-26 appellate or district court offices appearing on the ballot. If a
13-27 proposition appears on the ballot, the ballot must contain the
14-1 following instruction: "Make a punch hole in the space provided
14-2 beside the statement indicating the way you desire to vote."
14-3 SECTION 15. Section 145.003(b), Election Code, is amended to
14-4 read as follows:
14-5 (b) A candidate in the general election for state and county
14-6 officers, including the nonpartisan judicial retention election,
14-7 may be declared ineligible before the 30th day preceding election
14-8 day by:
14-9 (1) the party officer responsible for certifying the
14-10 candidate's name for placement on the general election ballot, in
14-11 the case of a candidate who is a political party's nominee; or
14-12 (2) the authority with whom the candidate's
14-13 application for a place on the ballot or declaration of candidacy
14-14 is required to be filed, in the case of an independent candidate or
14-15 a nonpartisan judicial candidate, as applicable.
14-16 SECTION 16. Section 145.005(a), Election Code, is amended to
14-17 read as follows:
14-18 (a) If the name of a deceased or ineligible candidate
14-19 appears on the ballot [under this chapter], the votes cast for the
14-20 candidate shall be counted and entered on the official election
14-21 returns in the same manner as for the other candidates.
14-22 SECTION 17. Section 202.001, Election Code, is amended to
14-23 read as follows:
14-24 Sec. 202.001. APPLICABILITY OF CHAPTER. (a) This chapter
14-25 applies to elective offices of the state and county governments
14-26 except the offices of state senator and state representative.
14-27 (b) This chapter does not apply to the office of justice or
15-1 judge of an appellate court.
15-2 SECTION 18. (a) Each supreme court justice, court of
15-3 criminal appeals judge, and court of appeals justice in office
15-4 January 1, 1998, unless otherwise removed as provided by law,
15-5 continues in office for the term to which elected.
15-6 (b) Each supreme court justice, court of criminal appeals
15-7 judge, and court of appeals justice who is in office January 1,
15-8 1998, is subject to retention or rejection, in the manner provided
15-9 by law, at the general election preceding the expiration of the
15-10 regular or unexpired term for which each was elected or appointed.
15-11 A vacancy does not exist in those offices until the expiration of
15-12 the term of the person who held the office January 1, 1998, or
15-13 until that person does not hold the office, whichever occurs first.
15-14 SECTION 19. This Act takes effect only if the constitutional
15-15 amendment proposed by the 75th Legislature, Regular Session, 1997,
15-16 relating to the filing by gubernatorial appointment of vacancies in
15-17 the offices of appellate justices and judges, to the election and
15-18 retention or rejection of those justices and judges, and to the
15-19 appointment of district judges in accordance with certain standards
15-20 is adopted. If the amendment is adopted, this Act takes effect
15-21 January 1, 1998.
15-22 SECTION 20. The importance of this legislation and the
15-23 crowded condition of the calendars in both houses create an
15-24 emergency and an imperative public necessity that the
15-25 constitutional rule requiring bills to be read on three several
15-26 days in each house be suspended, and this rule is hereby suspended.