HBA-TYH H.B. 346 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 346 By: Thompson Judicial Affairs 4/21/1999 Introduced BACKGROUND AND PURPOSE Texas is one of the few states that still holds partisan judicial elections. Texas has come under criticism for this system. H.B. 346 establishes a system of nonpartisan judicial elections for all state appellate justices and 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 Section 41.002, Election Code, by including the nonpartisan judicial general election as part of the general election for state and county officers required to be held on the first Tuesday after the first Monday in November in even-numbered years. Requires any nonpartisan judicial runoff election to be held on the first Tuesday after the first Monday in December following the general election. SECTION 2. Amends Election Code by adding Title 17, as follows: TITLE 17. NONPARTISAN JUDICIAL ELECTIONS CHAPTER 291. NONPARTISAN JUDICIAL ELECTION SUBCHAPTER A. NONPARTISAN ELECTION OF JUDGES GENERALLY Sec. 291.001. APPLICABILITY OF CHAPTER. Provides that an appellate justice or judge is subject to nonpartisan election in accordance with this chapter at the last nonpartisan judicial general election to be held before the date the justice's or judge's term expires. Sec. 291.002. PARTY NOMINATION PROHIBITED. Prohibits nomination for a nonpartisan judicial office by a political party. Sec. 291.003. VOTE REQUIRED FOR ELECTION. Provides that a candidate must receive a majority of the total number of votes to be elected to a nonpartisan judicial office. Provides that a runoff election for the office is required, if no candidate for a particular office receives the vote required for election. Sec. 291.004. APPLICABILITY OF OTHER PARTS OF CODE. Provides that other titles of this code also apply to a nonpartisan judicial election except for provisions that are inconsistent with this title or cannot feasibly be applied in a nonpartisan judicial election. Sec. 291.005. ADDITIONAL PROCEDURES. Requires the secretary of state (secretary) to prescribe any additional procedures necessary for the orderly and proper administration of elections held under this chapter. SUBCHAPTER B. APPLICATION FOR PLACE ON BALLOT Sec. 291.021. APPLICATION REQUIRED. Provides that, to be entitled to a place on the nonpartisan judicial election ballot (ballot), a candidate must submit an application. Provides that an application must, in addition to complying with Section 141.031 (General Requirements for Application), Election Code, be accompanied by the appropriate filing fee or, in place of the filing fee, a petition that satisfies the requirements prescribed by Section 141.062 (Validity of Petition), Election Code. Provides that an application by mail is considered filed at the time of its receipt by the appropriate authority. Provides that a candidate for an office specified by Section 291.024(a)(3) who chooses to pay the filing fee must also accompany that application with a petition that complies with the requirements prescribed for the petition authorized by Subsection (b), except that the minimum number of signatures that must appear on the petition is 250. Provides that, if the candidate chooses to file the petition authorized by Subsection (b) instead of the filing fee, the number of signatures required for that petition is increased by 250. Prohibits the signatures on a petition filed by a candidate from being obtained on the grounds of a county courthouse or courthouse annex. Sec. 291.022. AUTHORITY WITH WHOM APPLICATION FILED. Provides that an application for placement on the nonpartisan judicial election ballot must be filed with the secretary. Sec. 291.023. REGULAR FILING DEADLINE. Provides that an application for a place on the ballot must not be filed later than 5 p.m. of the 70th day before election day, except as provided by Sections 291.053 (Extended Filing Deadline) and 202.008 (Filing Deadline for Application of Nonpartisan Judicial Candidate). Prohibits an application from being filed earlier than 30 days before the date of the regular filing deadline. Sec. 291.024. FILING FEE. (a) Provides the filing fee for a nonpartisan judicial candidate, as follows: (1) $3,000 for office elected statewide; (2) $1,500 for chief justice or justice of a court of appeals, other than a justice specified by Subdivision (3); (3) $2,000 for chief justice or justice of a court of appeals that serves a court of appeals district in which a county with a population of more than one million is wholly or partly situated. (b) Requires a filing fee received by the secretary to be deposited in the state treasury under the general revenue fund. Sec. 291.025. NUMBER OF PETITION SIGNATURES REQUIRED. Provides that the minimum number of signatures that must appear on the petition is, for a statewide office, 5,000 or, for a district office, the lesser of 500 or two percent of the total vote received in the district by all the candidates for governor in the most recent gubernatorial general election. Sec. 291.026. STATEMENT ON PETITION. Sets forth the specific language that must appear at the top of each page of a petition to be filed under Section 291.021, stating that the signer understands the purpose of the bill. Sec. 291.027. CERTIFICATION OF NAMES FOR PLACEMENT ON NONPARTISAN JUDICIAL GENERAL ELECTION BALLOT. Requires the secretary to certify in writing for placement on the ballot the name of each candidate who files an application with the secretary under Section 291.021. Requires the secretary to deliver the certification to the appropriate authority not later than the 55th day before election day. Prohibits a candidate's name from certification if, before delivering the certification, the secretary learns that the name is to be omitted from the ballot due to withdrawal, death, or ineligibility, or if the candidacy is invalid under Section 141.033 (Filing Applications for More Than One Office Prohibited). SUBCHAPTER C. WITHDRAWAL, DEATH, AND INELIGIBILITY OF CANDIDATE Sec. 291.051. WITHDRAWAL, DEATH, OR INELIGIBILITY GENERALLY. Provides that this chapter supersedes Subchapter A, Chapter 145, Election Code, (General Provisions), to the extent of any conflict with respect to withdrawal, death, or ineligibility of a candidate in a nonpartisan judicial election. Sec. 291.052. WITHDRAWAL FROM NONPARTISAN JUDICIAL GENERAL ELECTION. Prohibits a candidate from withdrawing from the nonpartisan judicial general election after the 65th day before election day. Requires a withdrawal request to be filed with the authority with whom the withdrawing candidate's application was filed. Sec. 291.053. EXTENDED FILING DEADLINE. Provides that the deadline for filing an application is extended if an applicant dies on or after the fifth day before the date of the regular filing deadline and on or before the 65th day before election day; an applicant holding the office for which the application was made withdraws or is declared ineligible on or after the date of the regular filing deadline and on or before the 65th day before election; or the applicant holding office withdraws or is declared ineligible and at the time of the withdrawal or declaration of ineligibility no other candidate has made an application that complies with the applicable requirements for the office sought by the withdrawn or ineligible candidate. Provides that an application for the office sought by a withdrawn, deceased, or ineligible candidate must be filed before 5 p.m. of the 60th day before election day. Requires that notice of the extended filing deadline be given in the same manner as provided for a primary election. Sec. 291.054. WITHDRAWN, DECEASED, OR INELIGIBLE CANDIDATE'S NAME OMITTED FROM NONPARTISAN JUDICIAL GENERAL ELECTION BALLOT. Requires that a candidate's name be omitted from the ballot if the candidate withdraws, dies, or is declared ineligible on or before the 65th day before election day. Sec. 291.055. DECEASED OR INELIGIBLE CANDIDATE'S NAME TO APPEAR ON NONPARTISAN JUDICIAL GENERAL ELECTION BALLOT. Requires that a candidate's name be placed on the ballot if the candidate dies or is declared ineligible after the 65th day before election day. Sec. 291.056. WITHDRAWAL FROM RUNOFF. Prohibits withdrawal from the nonpartisan judicial runoff election after 5 p.m. of the 10th day after the date of the nonpartisan judicial general election. Provides that a withdrawal request for the runoff must be filed with the appropriate authority. Provides that, if a runoff candidate withdraws, the remaining candidate is the winner and the runoff election is canceled. Sec. 291.057. DECEASED OR INELIGIBLE CANDIDATE'S NAME TO APPEAR ON RUNOFF BALLOT. Requires that a candidate's name be placed on the ballot in a runoff election if the candidate dies or is declared ineligible before the day of the runoff election. SUBCHAPTER D. CONDUCT OF ELECTION Sec. 291.071. NONPARTISAN JUDICIAL ELECTION BALLOT. Requires that the nonpartisan judicial offices and candidates be listed as a separate ballot on the general election ballot following the partisan offices under the heading of "Election for Nonpartisan Judicial Offices." Sec. 291.072. GENERAL PROCEDURE FOR CONDUCT OF NONPARTISAN JUDICIAL ELECTION. Requires the nonpartisan judicial election to be conducted and the results canvassed, tabulated, and reported as in partisan offices in the general election for state and county officials, except as otherwise provided by this code. Sec. 291.073. CERTIFICATION OF CANDIDATES FOR PLACEMENT ON RUNOFF BALLOT. Requires the secretary to certify in writing for placement on the nonpartisan judicial runoff election ballot the name of each runoff candidate and deliver the certification to the appropriate authority as soon as possible after the completion of the nonpartisan judicial general election. Sec. 291.074. GENERAL PROCEDURE FOR CONDUCT OF NONPARTISAN JUDICIAL RUNOFF ELECTION. Requires the nonpartisan judicial runoff election to be conducted and the results canvassed, tabulated, and reported as in the nonpartisan judicial general election. SECTION 3. Amends Section 1.005, Election Code, by amending Subdivision (9) and by adding Subdivisions (25) and (26), as follows: (9) Provides that the definition of "independent candidate" does not include a nonpartisan judicial candidate. (25) Defines "nonpartisan judicial candidate" as a candidate in a nonpartisan judicial election. (26) Defines "nonpartisan judicial election" as an election held under Chapter 291. SECTION 4. Amends Section 52.092, Election Code, by amending Subsections (a), (c), (d), and (g)(j) and by adding Subsection (k), as follows: (a) Adds the nonpartisan judicial election to the language discussing the order of the offices listed on the ballot of the general election for state and county officers. (c) Deletes from the list of statewide offices of the state government listed on the ballot: chief justice, supreme court; justice, supreme court; presiding judge, court of criminal appeals; and judge, court of criminal appeals. (d) Deletes from the list of district offices of the state government listed on the ballot: chief justice, court of appeals and justice, court of appeals. Redesignates existing Subdivisions (7)-(10) to Subdivisions (5)-(8), respectively. (g) Requires the nonpartisan judicial offices to be listed in the following order: chief justice, supreme court; justice, supreme court; presiding judge, court of criminal appeals; judge, court of criminal appeals; chief justice, court of appeals; justice, court of appeals. (h) Created from existing text. (i) Requires the secretary of state to assign a place number to each position to be filled at the nonpartisan judicial election, rather than the general election for state and county officers, for each full or unexpired term in the specified offices. Redesignated from existing Subsection (h). (j) Redesignated from existing Subsection (i). (k) Redesignated form existing Subsection (j). SECTION 5. Amends Section 141.001(a), Election Code, to make a conforming change. SECTION 6. Amends Section 145.003(b), Election Code, to make conforming changes. SECTION 7. Amends Section 145.005(a), Election Code, to provide that this section is applicable if the name of a deceased or ineligible candidate appears on the ballot, rather than on the ballot "under this chapter." SECTION 8. Amends Section 146.021, Election Code, to make a conforming change. SECTION 9. Amends Section 172.021(e), Election Code, to provide that this section is applicable to a candidate for an office specified by Section 172.024(a)(8) "or" (10), rather than Section 172.024(a)(8)-(10) or (12), or for justice of the peace in a county with a population of more than one million, rather than 850,000. SECTION 10. Amends Section 172.024(a), Election Code, by deleting from the list of filing fees for a candidate for nomination in the general primary election, the chief justice or justice, court of appeals, other than a justice specified by Subdivision (8); and the chief justice or justice of a court of appeals that serves a district with a population of more than 850,000. Redesignates existing Subdivisions (9)-(17) to Subdivisions (7)-(15), respectively. Makes conforming changes. SECTION 11. Amends Chapter 202, Election Code, by amending Section 202.002 and adding Section 202.008, as follows: Sec. 202.002. VACANCY FILLED AT GENERAL ELECTION. Provides that this section is applicable if a vacancy occurs on or before the 65th day of the date of the general election for state and county officers, including the nonpartisan judicial general election. Makes conforming changes. Sec. 202.008. FILING DEADLINE FOR APPLICATION OF NONPARTISAN JUDICIAL CANDIDATE. Provides that an application for an unexpired term must be filed by the regular filing date if a vacancy in a nonpartisan judicial office occurs on or before the 10th day before the date of the regular deadline for filing an application. Provides that an application for the unexpired term must be filed not later than 5 p.m. of the 15th day after the date the vacancy occurs or 5 p.m. of the 60th day before election day, whichever is earlier, if the vacancy occurs after the 10th day before the date of the regular filing deadline. Provides that the filing fee or petition requirements for a candidate for an unexpired term are the same as for a candidate for a full term. SECTION 12. Provides that each appellate justice or judge in office on the effective date of this Act, unless otherwise removed as provided by law, continues in office for the term to which elected or appointed. SECTION 13. Effective date: September 1, 1999. SECTION 14. Emergency clause.