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.