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.