HBA-KMH H.B. 3837 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 3837 By: Solomons Judicial Affairs 4/26/1999 Introduced BACKGROUND AND PURPOSE There has been a growing concern recently on how we select appellate and district court judges. A combination of elections and appointments may help to maintain a true representation of the populace in the judiciary. H.B. 3837 provides for the partisan election and nonpartisan retention election of appellate justices and district 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 Chapter 22, Government Code, by adding Subchapter E, as follows: SUBCHAPTER E. ELECTION AND RETENTION OF JUSTICES Sec. 22.401. ELECTION AND RETENTION CYCLE. Provides that in conjunction with the last general election for state and county officers before the end of an appointed or retained justices' term and in conjunction with the last general election to be held before the end of each following continuous term in that office, the justice is subject to retention or rejection at the nonpartisan judicial retention election in accordance with Chapter 291, Election Code. Provides that if a justice does not seek retention, a vacancy exists and is required to be filled in the regular manner. Requires a vacancy which occurs in the office of a justice seeking retention and the justice's name is omitted from the retention election ballot under Chapter 291, Election Code to be filled in the regular manner. Sec. 22.402. EFFECT OF RETENTION VOTE. Entitles the justice to remain in office for a regular term of six years beginning on the first day of the following January if a majority of the votes are for retention, unless the person becomes ineligible or is removed as provided by law. Provides that if a justice fails a retention vote, a vacancy exists and is required to be filled in the regular manner. Provides that a retention election has no effect if the name of a justice seeking retention appears on the retention ballot under Chapter 291, Election Code, although a vacancy has occurred in the office. Requires the vacancy to be filled in the regular manner. SECTION 2. Amends Subchapter A, Chapter 24, Government Code, by adding Sections 24.0015, 24.0016, and 24.0017, as follows: Sec. 24.0015. ELECTION FROM QUADRANTS IN POPULOUS COUNTIES. Requires the judges of the judicial districts composed entirely of a county with a population of 650,000 or more to be elected from quadrants as provided by the applicable provisions of the Texas Constitution and other law. Requires the district courts to be distributed among the quadrants in sequential order of those quadrants through the filling of vacancies as they occur. Requires the distribution to be implemented so that the particular categories of courts are distributed as evenly as possible among the quadrants in a sequential order. Requires an equal number of district judges to be elected from each quadrant of a county, to the extent practicable. Authorizes the assignment of a district court to a particular quadrant to be changed in subsequent elections as appropriate. Sec. 24.0016. ELECTION AND RETENTION CYCLE. Provides that in conjunction with the last general election for state and county officers before the end of an elected district judge's term and in conjunction with the last general election to be held before the end of each following continuous term in that office, the judge is subject to retention or rejection at the nonpartisan judicial retention election in accordance with Chapter 291, Election Code. Entitles the qualified voters of the entire judicial district to vote on the question of retention or rejection, except that only the qualified voters of the quadrant are entitled to vote on the question of retention for a district judge elected from a quadrant. Requires a vacancy existing at the beginning of the succeeding term to be filled in the regular manner, if a justice does not seek retention or withdraws from a retention election. Sec. 24.0017. EFFECT OF RETENTION VOTE. Entitles the district judge to remain in office for a regular term of four years beginning on the first day of the following January if a majority of the votes are for retention, unless the person becomes ineligible or is removed as provided by law. Provides that if a district judge fails a retention vote, a vacancy exists on the first day of the following January and is required to be filled in the regular manner. Provides that a retention election has no effect if the name of a judge seeking retention appears on the retention ballot under Chapter 291, Election Code, although a vacancy has occurred in the office. Requires the vacancy to be filled in the regular manner. SECTION 3. Amends Section 41.002, Election Code, to make a conforming change. SECTION 4. Amends the Election Code by adding Title 17, as follows: TITLE 17. NONPARTISAN JUDICIAL RETENTION ELECTIONS CHAPTER 291. RETENTION ELECTION Sec. 291.001. DECLARATION OF CANDIDACY. Sets forth provisions regarding deadlines for a justice or judge seeking to continue serving in office to file a declaration of candidacy. Prohibits a declaration of candidacy to be filed earlier than the 30th day before the date of the filing deadline. Provides that a declaration filed by mail is considered filed at the time of its receipt by the appropriate authority. Provides that the filling of a subsequent vacancy for an office lacking a declaration of candidacy is covered by Chapter 22 (Appellate Courts) or 24 (District Courts), Government Code. Sec. 291.002. WITHDRAWAL, DEATH, OR INELIGIBILITY. Establishes that with respect to withdrawal, death, or ineligibility of a nonpartisan judicial retention election candidate, this section supersedes Subchapter A (General Provisions), Chapter 145 (Withdrawal, Death, and Ineligibility of Candidate). Prohibits a candidate from withdrawing from the retention election after the 65th day before election day. Requires a withdrawal request to be filed with whom the withdrawing candidate's declaration of candidacy is required to be filed. Requires a candidate's name to be omitted from the retention election ballot under certain conditions. Requires a candidate's name to be placed on the retention election ballot if the candidate dies or becomes ineligible within 65 days of the election. Provides that the filling of a subsequent vacancy for an office following implementation of Subsection (d) or (e) is covered by Chapter 22 or 24, Government Code. Sec. 291.003. CERTIFICATION OF NAMES FOR PLACEMENT ON RETENTION ELECTION BALLOT. Sets forth provisions regarding the responsibilities of the secretary of state to administer certification of the retention election ballot. Sec. 291.004. RETENTION ELECTION BALLOT. Sets forth the required format of the retention election ballot. Sec. 291.005. GENERAL PROCEDURE FOR CONDUCT OR RETENTION ELECTION. Requires the nonpartisan judicial retention election to be conducted in the manner applicable to partisan offices in the general election for state and county officers. Requires a certificate of election to be issued to a retained officer. Sec. 291.006. WRITE-IN VOTING PROHIBITED. Prohibits write-in voting in a nonpartisan judicial retention election. Sec. 291.007. POLITICAL CONTRIBUTIONS AND EXPENDITURES. Sets forth provisions requiring a judicial candidate's subjection to and compliance with Title 15 (Regulating Political Funds and Campaigns), Election Code. Sec. 291.008. APPLICABILITY OF OTHER PARTS OF CODE. Sets forth provisions and exceptions for application of other titles of this code to a nonpartisan judicial retention election. Sec. 291.009. ADDITIONAL PROCEDURES. Requires the secretary of state to prescribe additional procedures necessary for the administration of elections held under this chapter. SECTION 5. Amends Section 1.005, Election Code, by amending Subdivisions (9) and (20) and by adding Subdivisions (25)-(27) to redefine "independent candidate," and "straight-party vote," and to define "nonpartisan judicial candidate," "nonpartisan judicial retention election," and "partisan appellate or district court office." SECTION 6. Amends Section 52.065, Election Code, by adding Subsection (f), to require partisan appellate and district court offices to appear on the ballot in the same format as other offices, after the listing of other offices and under the heading "Partisan Appellate and District Court Offices." SECTION 7. Amends Section 52.066, Election Code, by adding Subsection (e), to make conforming changes. SECTION 8. Amends Subchapter C, Chapter 52, Election Code, by adding Section 52.0661, as follows: Sec. 52.0661. SEPARATE LISTING OF UNOPPOSED PARTISAN APPELLATE AND DISTRICT COURT CANDIDATES. Requires unopposed appellate and district court candidates to be listed separately under the heading "Uncontested Partisan Appellate and District Court Races." Requires the party alignment of unopposed candidates for an office covered by this section to be indicated next to that candidate's name. Requires the secretary of state to prescribe procedures to implement this section. SECTION 9. Amends Section 52.070(b), Election Code, to make conforming changes. SECTION 11. Amends Section 52.071, Election Code, to require an instruction prohibiting a straight-party vote in connection with the election of partisan appellate and district court offices. Makes conforming and nonsubstantive changes. SECTION 10. Amends Section 52.092, Election Code, by amending Subsections (a), (c), (d), and (g)-(j), and by adding Subsections (k) and (l), to set forth provisions regarding the ballot format of the general election, including the nonpartisan judicial retention election. Creates a new list for partisan appellate and district court offices. Conforms certain lists of judicial offices by deleting the certain offices. Makes conforming and nonsubstantive changes. SECTION 12. Amends Sections 65.007(b) and (c), Election Code, to prohibit votes for nominees for partisan appellate and district court offices from being tallied in the same manner as a straightparty vote. SECTION 13. Amends Subchapter A, Chapter 124, Election Code, by amending Section 124.003 and by adding Section 124.0031, as follows: Sec. 124.003. New Title: SEPARATE LISTING OF UNOPPOSED CANDIDATES. Sets forth provisions regarding the method of voting for candidates in uncontested races in groups rather than blocs. Provides that candidates for partisan appellate and district court offices are not listed in the same manner as other unopposed candidates. Sec. 124.0031. SEPARATE LISTING OF UNOPPOSED PARTISAN APPELLATE AND DISTRICT COURT CANDIDATES. Authorizes unopposed partisan appellate and district court candidates to be voted on as a group, only if an additional ballot would be necessary to accommodate all the candidates and propositions to be listed. SECTION 14. Amends Section 124.061(b), Election Code, to provide that if more than one sheet is used then the first sheet of the sequence must, rather than shall, indicate the fact that the ballot is continued on one or more additional sheets and must indicate the sheet on which the listing of partisan appellate and district court offices, if any, begins. SECTION 15. Amends Section 124.063(a), Election Code, to require certain instructions regarding the voting process to appear in conjunction with any partisan appellate and district court offices on the ballot. SECTION 16. Amends Section 145.003(b), Election Code, to provide that nonpartisan judicial retention candidates are included for certain ineligibility provisions. Makes conforming changes. SECTION 17. Amends Section 145.005(a), Election Code, to make a conforming change. SECTION 18. Amends Section 251.001(1), Election Code, to make conforming and nonsubstantive changes. SECTION 19. Amends Section 253.153(a), Election Code, to prohibit the knowing acceptance by a candidate in a nonpartisan judicial retention election of a political contribution except during certain prescribed periods. Makes conforming and nonsubstantive changes. SECTION 20. Amends Section 254.064, Election Code, by adding Subsection (f), to consider a nonpartisan judicial candidate an opposed candidate for purposes of this section (Additional Reports of Opposed Candidate). SECTION 21. Provides that this Act takes effect only if the constitutional amendment proposed by the 76th Legislature, Regular Session, 1999, abolishing the court of criminal appeals and establishing one supreme court with civil and criminal jurisdiction and revising the manner in which appellate justices and district judges are selected, using a combination of appointment, partisan elections, and nonpartisan retention elections, is adopted. Provides that if the amendment is adopted this Act takes effect January 1, 2000. SECTION 22. Emergency clause.