1-1 By: Duncan, Armbrister, Patterson S.B. No. 621
1-2 (In the Senate - Filed February 17, 1997; February 20, 1997,
1-3 read first time and referred to Committee on Jurisprudence;
1-4 April 10, 1997, reported favorably by the following vote: Yeas 5,
1-5 Nays 1; April 10, 1997, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the appointment, election, and retention or rejection
1-9 of appellate justices and judges and to elimination of a
1-10 straight-party vote in connection with appellate and district
1-11 justices and judges.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Chapter 22, Government Code, is amended by adding
1-14 Subchapter E to read as follows:
1-15 SUBCHAPTER E. APPOINTMENT, ELECTION, AND RETENTION OF
1-16 JUSTICES AND JUDGES
1-17 Sec. 22.401. ELECTION AND RETENTION CYCLE. (a) An
1-18 appellate justice or judge is subject to partisan election in
1-19 accordance with the applicable provisions of the Election Code at
1-20 the last general election for state and county officers to be held
1-21 before the date the justice's or judge's initial appointed term
1-22 expires.
1-23 (b) In conjunction with the last general election for state
1-24 and county officers to be held before the end of a term of office
1-25 to which a justice or judge is elected, and in conjunction with the
1-26 last general election to be held before the end of each following
1-27 continuous term in that office, the justice or judge is subject to
1-28 retention or rejection at the nonpartisan judicial retention
1-29 election in accordance with Chapter 291, Election Code.
1-30 (c) If a justice or judge does not seek retention, or
1-31 withdraws from the retention election, as provided by Chapter 291,
1-32 Election Code, the vacancy existing at the beginning of the
1-33 succeeding term shall be filled in the manner prescribed by the
1-34 Texas Constitution.
1-35 (d) If a vacancy occurs in the office of a justice or judge
1-36 seeking retention and the justice's or judge's name is omitted from
1-37 the retention election ballot under Chapter 291, Election Code, the
1-38 vacancy shall be filled in the manner prescribed by the Texas
1-39 Constitution.
1-40 Sec. 22.402. EFFECT OF RETENTION VOTE. (a) If a majority
1-41 of the votes received on the question are for the retention of the
1-42 justice or judge, the person is entitled to remain in office for a
1-43 regular term of six years beginning on the first day of the
1-44 following January, unless the person becomes ineligible or is
1-45 removed as provided by law.
1-46 (b) If less than a majority of the votes received on the
1-47 question are for retention, a vacancy in the office exists on the
1-48 first day of the following January, and the vacancy shall be filled
1-49 in the manner prescribed by the Texas Constitution.
1-50 (c) If the name of a justice or judge seeking retention
1-51 appears on the retention election ballot under Chapter 291,
1-52 Election Code, although a vacancy has occurred in the office, the
1-53 retention election for that office has no effect, and the vacancy
1-54 shall be filled in the manner prescribed by the Texas Constitution.
1-55 SECTION 2. Section 41.002, Election Code, is amended to read
1-56 as follows:
1-57 Sec. 41.002. GENERAL ELECTION FOR STATE AND COUNTY OFFICERS.
1-58 The general election for state and county officers, including the
1-59 nonpartisan judicial retention election, shall be held on the first
1-60 Tuesday after the first Monday in November in even-numbered years.
1-61 SECTION 3. The Election Code is amended by adding Title 17
1-62 to read as follows:
2-1 TITLE 17. NONPARTISAN JUDICIAL RETENTION ELECTIONS
2-2 CHAPTER 291. RETENTION ELECTION
2-3 Sec. 291.001. DECLARATION OF CANDIDACY. (a) Not later than
2-4 5 p.m. on June 1 preceding the nonpartisan judicial retention
2-5 election at which the justice or judge is subject to retention or
2-6 rejection, a justice or judge who seeks to continue to serve in
2-7 that office must file with the secretary of state a declaration of
2-8 candidacy to succeed to the next term.
2-9 (b) A declaration may not be filed earlier than the 30th day
2-10 before the date of the filing deadline. A declaration filed by
2-11 mail is considered to be filed at the time of its receipt by the
2-12 appropriate authority.
2-13 (c) The filling of the office for which a declaration of
2-14 candidacy is not filed is covered by Chapter 22, Government Code.
2-15 Sec. 291.002. Withdrawal, Death, or Ineligibility.
2-16 (a) With respect to withdrawal, death, or ineligibility of a
2-17 candidate in a retention election, this section supersedes
2-18 Subchapter A, Chapter 145, to the extent of any conflict.
2-19 (b) A candidate may not withdraw from the retention election
2-20 after the 65th day before election day.
2-21 (c) A withdrawal request must be filed with the authority
2-22 with whom the withdrawing candidate's declaration of candidacy is
2-23 required to be filed.
2-24 (d) A candidate's name shall be omitted from the retention
2-25 election ballot if the candidate withdraws, dies, or is declared
2-26 ineligible on or before the 65th day before election day.
2-27 (e) If a candidate who has made a declaration of candidacy
2-28 that complies with the applicable requirements dies or is declared
2-29 ineligible after the 65th day before election day, the candidate's
2-30 name shall be placed on the retention election ballot.
2-31 (f) The filling of the office following implementation of
2-32 Subsection (d) or (e) is covered by Chapter 22, Government Code.
2-33 Sec. 291.003. Certification of Names for Placement on
2-34 Retention Election Ballot. (a) Except as provided by Subsection
2-35 (c), the secretary of state shall certify in writing for placement
2-36 on the retention election ballot the name of each candidate who
2-37 files with the secretary a declaration of candidacy that complies
2-38 with Section 291.001.
2-39 (b) Not later than the 55th day before election day, the
2-40 secretary of state shall deliver the certification to the authority
2-41 responsible for having the official ballot prepared in each county
2-42 in which the candidate's name is to appear on the ballot.
2-43 (c) A candidate's name may not be certified if, before
2-44 delivering the certification, the secretary of state learns that
2-45 the name is to be omitted from the ballot under Section 291.002.
2-46 Sec. 291.004. Retention Election Ballot. The name of the
2-47 person subject to retention or rejection shall be submitted to the
2-48 voters on the nonpartisan judicial retention election ballot
2-49 following the offices subject to election under the heading
2-50 "Retention of Nonpartisan Judicial Offices," in substantially the
2-51 following form:
2-52 "Shall (Justice or Judge)__________________________
2-53 ___________________________________________________
2-54 be retained in office as (justice or judge) of the
2-55 (name of court)__________________________________?"
2-56 ____"Yes"
2-57 ____"No"
2-58 Sec. 291.005. General Procedure for Conduct of Retention
2-59 Election. (a) Except as otherwise provided by this code, the
2-60 retention election shall be conducted and the results canvassed,
2-61 tabulated, and reported in the manner applicable to partisan
2-62 offices in the general election for state and county officers.
2-63 (b) A certificate of election shall be issued to a retained
2-64 officer in the same manner as provided for a candidate elected to
2-65 the office.
2-66 Sec. 291.006. WRITE-IN VOTING PROHIBITED. Write-in voting
2-67 is not permitted in a retention election.
2-68 Sec. 291.007. Political Contributions and Expenditures. A
2-69 candidate for retention of a judicial office is subject to Title 15
3-1 and shall comply with that title in the same manner as a candidate
3-2 for election to the office.
3-3 Sec. 291.008. Applicability of Other Parts of Code. The
3-4 other titles of this code apply to a retention election under this
3-5 chapter except provisions that are inconsistent with this title or
3-6 that cannot feasibly be applied in a retention election.
3-7 Sec. 291.009. Additional Procedures. The secretary of state
3-8 shall prescribe any additional procedures necessary for the orderly
3-9 and proper administration of retention elections held under this
3-10 chapter.
3-11 SECTION 4. Section 1.005, Election Code, is amended by
3-12 amending Subdivisions (9) and (20) and adding Subdivisions (25),
3-13 (26), and (27) to read as follows:
3-14 (9) "Independent candidate" means a candidate in a
3-15 nonpartisan election or a candidate in a partisan election who is
3-16 not the nominee of a political party. The term does not include a
3-17 nonpartisan judicial candidate.
3-18 (20) "Straight-party vote" means a vote by a single
3-19 mark, punch, or other action by the voter for all the nominees of
3-20 one political party, except nominees for partisan appellate and
3-21 district court offices, and for no other candidates.
3-22 (25) "Nonpartisan judicial retention election" means
3-23 an election held under Title 17.
3-24 (26) "Nonpartisan judicial candidate" means a
3-25 candidate in a nonpartisan judicial retention election.
3-26 (27) "Partisan appellate or district court office"
3-27 means an office listed in Section 52.092(g).
3-28 SECTION 5. Section 52.065, Election Code, is amended by
3-29 adding Subsection (f) to read as follows:
3-30 (f) Partisan appellate and district court offices shall
3-31 appear on the ballot in the same format as the other offices but
3-32 under the heading "Partisan Appellate and District Court Offices"
3-33 after the listing of the other offices.
3-34 SECTION 6. Section 52.066, Election Code, is amended by
3-35 adding Subsection (e) to read as follows:
3-36 (e) Partisan appellate and district court offices shall
3-37 appear on the ballot in the same format as the other offices but
3-38 under the heading "Partisan Appellate and District Court Offices"
3-39 after the listing of the other offices.
3-40 SECTION 7. Subchapter C, Chapter 52, Election Code, is
3-41 amended by adding Section 52.0661 to read as follows:
3-42 Sec. 52.0661. SEPARATE LISTING OF UNOPPOSED PARTISAN
3-43 APPELLATE AND DISTRICT COURT CANDIDATES. (a) Any unopposed
3-44 candidates for partisan appellate or district court offices shall
3-45 be listed separately on the ballot under the heading "Uncontested
3-46 Partisan Appellate and District Court Races" following the
3-47 contested races for those offices.
3-48 (b) In the general election for state and county officers,
3-49 the party alignment of each unopposed candidate for an office
3-50 covered by this section shall be indicated next to the candidate's
3-51 name.
3-52 (c) The secretary of state shall prescribe any procedures or
3-53 instructions necessary to implement this section.
3-54 SECTION 8. Subsection (b), Section 52.070, Election Code, is
3-55 amended to read as follows:
3-56 (b) Immediately below "OFFICIAL BALLOT[,]" and "Partisan
3-57 Appellate and District Court Offices," if applicable, the following
3-58 instruction shall be printed: "Vote for the candidate of your
3-59 choice in each race by placing an 'X' in the square beside the
3-60 candidate's name."
3-61 SECTION 9. Section 52.071, Election Code, is amended to read
3-62 as follows:
3-63 Sec. 52.071. VOTING SQUARE AND INSTRUCTION FOR
3-64 STRAIGHT-PARTY VOTE. (a) On a ballot on which a party column
3-65 appears in connection with offices other than partisan appellate or
3-66 district court offices, a square larger than the square prescribed
3-67 by Section 52.070(a) shall be printed to the left of each political
3-68 party's name.
3-69 (b) The following instruction shall be added to the
4-1 instruction required by Section 52.070(b) in connection with
4-2 offices other than partisan appellate or district court offices:
4-3 "You may cast a straight-party vote (that is, cast a vote for all
4-4 the nominees of one party, except nominees for partisan appellate
4-5 or district court offices) by placing an 'X' in the square beside
4-6 the name of the party of your choice. If you cast a straight-party
4-7 vote [for all the nominees of one party] and also cast a vote for
4-8 an opponent of one of that party's nominees, your vote for the
4-9 opponent will be counted as well as your vote for all the other
4-10 nominees of the party for which the straight-party vote was cast."
4-11 SECTION 10. Section 52.092, Election Code, is amended by
4-12 amending Subsections (a), (c), (d), and (g) through (j) and adding
4-13 Subsections (k) and (l) to read as follows:
4-14 (a) For an election at which offices regularly filled at the
4-15 general election for state and county officers, including the
4-16 nonpartisan judicial retention election, are to appear on the
4-17 ballot, the offices shall be listed in the following order:
4-18 (1) offices of the federal government;
4-19 (2) offices of the state government:
4-20 (A) statewide offices;
4-21 (B) district offices;
4-22 (3) offices of the county government:
4-23 (A) county offices;
4-24 (B) precinct offices.
4-25 (c) Statewide offices of the state government shall be
4-26 listed in the following order:
4-27 (1) governor;
4-28 (2) lieutenant governor;
4-29 (3) attorney general;
4-30 (4) comptroller of public accounts;
4-31 (5) [state treasurer;]
4-32 [(6)] commissioner of the General Land Office;
4-33 (6) [(7)] commissioner of agriculture;
4-34 (7) [(8)] railroad commissioner[;]
4-35 [(9) chief justice, supreme court;]
4-36 [(10) justice, supreme court;]
4-37 [(11) presiding judge, court of criminal appeals;]
4-38 [(12) judge, court of criminal appeals].
4-39 (d) District offices of the state government shall be listed
4-40 in the following order:
4-41 (1) member, State Board of Education;
4-42 (2) state senator;
4-43 (3) state representative;
4-44 (4) [chief justice, court of appeals;]
4-45 [(5) justice, court of appeals;]
4-46 [(6) district judge;]
4-47 [(7) criminal district judge;]
4-48 [(8) family district judge;]
4-49 [(9)] district attorney;
4-50 (5) [(10)] criminal district attorney.
4-51 (g) Partisan appellate and district court offices shall be
4-52 listed in the following order:
4-53 (1) chief justice, supreme court;
4-54 (2) justice, supreme court;
4-55 (3) presiding judge, court of criminal appeals;
4-56 (4) judge, court of criminal appeals;
4-57 (5) chief justice, court of appeals;
4-58 (6) justice, court of appeals;
4-59 (7) district judge;
4-60 (8) criminal district judge;
4-61 (9) family district judge.
4-62 (h) The nonpartisan judicial offices shall be listed in the
4-63 following order:
4-64 (1) chief justice, supreme court;
4-65 (2) justice, supreme court;
4-66 (3) presiding judge, court of criminal appeals;
4-67 (4) judge, court of criminal appeals;
4-68 (5) chief justice, court of appeals;
4-69 (6) justice, court of appeals.
5-1 (i) If two or more offices having the same title except for
5-2 a place number or other distinguishing number are to appear on the
5-3 ballot, the number shall appear as part of the office title and the
5-4 offices shall be listed in numerical order.
5-5 (j) [(h)] The secretary of state shall assign a place number
5-6 to each position to be filled at the general election for state and
5-7 county officers, or to each position for which a retention election
5-8 is to be held, for [each full or unexpired term in] the following
5-9 offices:
5-10 (1) justice, supreme court;
5-11 (2) judge, court of criminal appeals; and
5-12 (3) justice, court of appeals in a court having a
5-13 membership in excess of three, if distinguishing the positions to
5-14 be filled is necessary.
5-15 (k) [(i)] The secretary of state shall designate the
5-16 position of new offices on the ballot.
5-17 (l) [(j)] The office of judge of a multicounty statutory
5-18 county court created under Subchapter D, Chapter 25, Government
5-19 Code, is considered to be a county office for purposes of listing
5-20 the office on the ballot and to be a district office for all other
5-21 purposes under this code.
5-22 SECTION 11. Subsections (b) and (c), Section 65.007,
5-23 Election Code, are amended to read as follows:
5-24 (b) Except as provided by Subsection (c) or (d), each
5-25 straight-party vote shall be tallied for the party receiving the
5-26 vote instead of being tallied for the individual candidates of the
5-27 party. The total number of straight-party votes tallied for each
5-28 party shall be added to the total votes received for each of the
5-29 party nominees individually, except nominees for partisan appellate
5-30 or district court offices.
5-31 (c) If a ballot indicates a straight-party vote and a vote
5-32 for an opponent of one or more of that party's nominees, a vote
5-33 shall be counted for the opponent and for each of the party's other
5-34 nominees, except nominees for partisan appellate or district court
5-35 offices, whether or not any of those nominees have received
5-36 individual votes.
5-37 SECTION 12. Subchapter A, Chapter 124, Election Code, is
5-38 amended by amending Section 124.003 and adding Section 124.0031 to
5-39 read as follows:
5-40 Sec. 124.003. Separate Listing of Unopposed Candidates[;
5-41 Bloc Voting]. (a) Any unopposed candidates, except candidates for
5-42 partisan appellate or district court offices, may be listed
5-43 separately under the heading "Uncontested Races" on a voting system
5-44 ballot or ballot label.
5-45 (b) In an election in which the ballots indicate political
5-46 party alignment, the party alignment of the candidates listed under
5-47 the uncontested races heading shall be indicated next to the
5-48 candidate's name.
5-49 (c) Candidates listed under the uncontested races heading
5-50 may be arranged in a manner requiring voting on them as one or more
5-51 groups [blocs], but only if an additional ballot or ballot label
5-52 would otherwise be necessary to accommodate all the candidates and
5-53 propositions to be listed.
5-54 (d) The requirement that the ballot or ballot label be
5-55 arranged to permit straight-party voting does not apply to
5-56 candidates listed under the uncontested races heading.
5-57 Sec. 124.0031. SEPARATE LISTING OF UNOPPOSED PARTISAN
5-58 APPELLATE AND DISTRICT COURT CANDIDATES. Candidates listed under
5-59 the uncontested partisan appellate and district court races heading
5-60 may be arranged in a manner requiring voting on them as one or more
5-61 groups, but only if an additional ballot or ballot label would
5-62 otherwise be necessary to accommodate all the candidates and
5-63 propositions to be listed.
5-64 SECTION 13. Subsection (b), Section 124.061, Election Code,
5-65 is amended to read as follows:
5-66 (b) A punch-card ballot label may comprise as many separate
5-67 sheets as are necessary to list the candidates and propositions
5-68 stating measures to be voted on in an election. If more than one
5-69 sheet is used, the first sheet of the sequence must [shall]
6-1 indicate the fact that the ballot is continued on one or more
6-2 additional sheets and must indicate the sheet on which the listing
6-3 of partisan appellate and district court offices, if any, begins.
6-4 Sheets in the same sequence may be identified by any method that
6-5 will facilitate voting or ballot processing and not confuse the
6-6 voters.
6-7 SECTION 14. Subsection (a), Section 124.063, Election Code,
6-8 is amended to read as follows:
6-9 (a) An electronic system ballot on which a voter indicates a
6-10 vote by punching a hole in the ballot must contain the following
6-11 instruction if candidates are to be voted on: "Vote for the
6-12 candidate of your choice in each race by making a punch hole in the
6-13 space provided adjacent to the name of that candidate." The ballot
6-14 must contain the same instruction in conjunction with any partisan
6-15 appellate or district court offices appearing on the ballot. If a
6-16 proposition appears on the ballot, the ballot must contain the
6-17 following instruction: "Make a punch hole in the space provided
6-18 beside the statement indicating the way you desire to vote."
6-19 SECTION 15. Subsection (b), Section 145.003, Election Code,
6-20 is amended to read as follows:
6-21 (b) A candidate in the general election for state and county
6-22 officers, including the nonpartisan judicial retention election,
6-23 may be declared ineligible before the 30th day preceding election
6-24 day by:
6-25 (1) the party officer responsible for certifying the
6-26 candidate's name for placement on the general election ballot, in
6-27 the case of a candidate who is a political party's nominee; or
6-28 (2) the authority with whom the candidate's
6-29 application for a place on the ballot or declaration of candidacy
6-30 is required to be filed, in the case of an independent candidate or
6-31 a nonpartisan judicial candidate, as applicable.
6-32 SECTION 16. Subsection (a), Section 145.005, Election Code,
6-33 is amended to read as follows:
6-34 (a) If the name of a deceased or ineligible candidate
6-35 appears on the ballot [under this chapter], the votes cast for the
6-36 candidate shall be counted and entered on the official election
6-37 returns in the same manner as for the other candidates.
6-38 SECTION 17. Section 202.001, Election Code, is amended to
6-39 read as follows:
6-40 Sec. 202.001. APPLICABILITY OF CHAPTER. (a) This chapter
6-41 applies to elective offices of the state and county governments
6-42 except the offices of state senator and state representative.
6-43 (b) This chapter does not apply to the office of justice or
6-44 judge of an appellate court.
6-45 SECTION 18. (a) Each supreme court justice, court of
6-46 criminal appeals judge, and court of appeals justice in office
6-47 January 1, 1998, unless otherwise removed as provided by law,
6-48 continues in office for the term to which elected.
6-49 (b) Each supreme court justice, court of criminal appeals
6-50 judge, and court of appeals justice who is in office January 1,
6-51 1998, is subject to retention or rejection, in the manner provided
6-52 by law, at the general election preceding the expiration of the
6-53 regular or unexpired term for which each was elected or appointed.
6-54 A vacancy does not exist in those offices until the expiration of
6-55 the term of the person who held the office January 1, 1998, or
6-56 until that person does not hold the office, whichever occurs first.
6-57 SECTION 19. This Act takes effect only if the constitutional
6-58 amendment proposed by the 75th Legislature, Regular Session, 1997,
6-59 relating to the filing by gubernatorial appointment of vacancies in
6-60 the offices of appellate justices and judges, to the election and
6-61 retention or rejection of those justices and judges, and to the
6-62 appointment of district judges in accordance with certain standards
6-63 is adopted. If the amendment is adopted, this Act takes effect
6-64 January 1, 1998.
6-65 SECTION 20. The importance of this legislation and the
6-66 crowded condition of the calendars in both houses create an
6-67 emergency and an imperative public necessity that the
6-68 constitutional rule requiring bills to be read on three several
6-69 days in each house be suspended, and this rule is hereby suspended.