SRC-ARR H.B. 59 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 59
76R13999 PAM-DBy: Cuellar (Duncan)
State Affairs
5/14/1999
Engrossed


DIGEST 

Currently, candidates for judicial office in this state provide for all
their own publicity. In order to make voters more aware of the
qualifications of candidates for judicial office, other states have devised
and promulgated a "voter's guide" which is published in every newspaper in
the state. H.B. 59 provides for the creation of a similar voting guide to
be made available to the public on the Internet after the secretary of
state has assimilated information submitted by judges interested in taking
advantage of the guide. The bill sets forth specific information which
would need to be submitted in order to give voters a comprehensive
understanding of the qualifications of participating judges.  

PURPOSE

As proposed, H.B. 59 provides for the creation of a voter information guide
for judicial elections available to the public on the Internet. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Title 16, Election Code, by adding Chapter 278, as
follows:  

CHAPTER 278. VOTER INFORMATION GUIDE FOR JUDICIAL ELECTIONS

Sec. 278.001. APPLICABILITY OF CHAPTER. Applies this chapter to each
candidate whose name is to appear on a ballot or on a list of declared
write-in candidates in a judicial election.  

Sec. 278.002. INTERNET VOTER INFORMATION GUIDE. Authorizes the secretary of
state to implement a voter information service program to compile
information on candidates for election in the form of a voter information
guide (guide) and make the guide available to the public on the Internet.  

Sec. 278.003. STATEMENT FILED BY CANDIDATE. Authorizes a candidate to file
with the secretary of state, not later than the 70th day before a judicial
election, an informational statement, on a form prescribed by the
secretary, to be included in the voter information guide for that election,
if the secretary of state implements a voter information service.  

Sec. 278.004. STATEMENT REQUIREMENTS. Provides that a candidate's
information statement must include a summary of the candidate's current
occupation, educational and occupational background, biographical
information, and any previous government service. Authorizes the secretary
of state to prescribe the format and length of the candidate's statement.  

Sec. 278.005. REVIEW BY SECRETARY OF STATE. Authorizes the secretary of
state to review the candidate's statement within five days of receipt and
make a determination as to whether it complies with this chapter.
Authorizes the secretary of state to reject the statement  if not in
compliance and give written notice of the rejection to the candidate within
two days of rejection. Authorizes the candidate to resubmit the statement
subject to the prescribed deadline.  

Sec. 278.006. PREPARATION OF GUIDE. Authorizes the secretary of state to
contract for the preparation and printing of the guide after soliciting
bids, and authorizes the secretary to prepare and print in-house if equally
or more economic. Provides that the guide must include the complying
statements of candidates and separate candidates for election and write-in
candidates into separate groups. Provides that the order of names in each
group in the guide is determined by random drawing conducted by the
secretary of state. Authorizes the secretary of state to prescribe
appropriate explanatory material to be included in the guide, including its
availability for use at the polls.  

Sec. 278.007. AVAILABILITY OF GUIDE. Authorizes the secretary of state to
make the guide available to the public on the Internet not later than the
45th day before the date of each judicial election.  

Sec. 278.008. ADDITIONAL PROCEDURES. Authorizes the secretary of state to
prescribe any additional procedures necessary to implement this chapter.  

SECTION 2. Effective date: September 1, 1999.

SECTION 3. Emergency clause.