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.