HBA-KMH H.B. 59 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 59 By: Cuellar Judicial Affairs 1/19/1999 Introduced BACKGROUND AND PURPOSE 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 pamphlet to be mailed to every registered voter in the state by the secretary of state, after the secretary of state has assimilated information submitted by judges interested in taking advantage of the pamphlet. 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. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Title 16, Election Code, to include a new chapter, as follows: CHAPTER 278. VOTER INFORMATION PAMPHLET 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. 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 to be included in the voter information pamphlet for that election. The informational statement will be made on a form prescribed by the secretary of state. Sec. 278.003. 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. Requires the secretary of state to prescribe the format and length of the candidate's statement. Sec. 278.004. REVIEW BY SECRETARY OF STATE. Requires 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. Requires 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. 278.005. PREPARATION OF PAMPHLET. Requires the secretary of state to contract for the preparation and printing of the voter information pamphlet after soliciting bids and authorizes the secretary to prepare and print in-house if equally or more economic. Provides that the pamphlet 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 pamphlet be determined by random drawing conducted by the secretary of state. Requires the pamphlets to include only candidates for offices on which the voters receiving them will be eligible to vote, to the extent practicable. Requires the secretary of state to prescribe appropriate explanatory material to be included in the pamphlet, including its availability for use at the polls. Sec. 278.006. DISTRIBUTION OF PAMPHLET. Requires the secretary of state to mail the appropriate pamphlet to each household in the state in which a registered voter resides not later than the 45th day before the date of each judicial election. Sec. 278.007. ADDITIONAL PROCEDURES. Requires 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.