By Thompson H.B. No. 346
76R2528 GGS-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the nonpartisan election of appellate justices and
1-3 judges.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 41.002, Election Code, is amended to read
1-6 as follows:
1-7 Sec. 41.002. GENERAL ELECTION FOR STATE AND COUNTY OFFICERS.
1-8 (a) The general election for state and county officers, including
1-9 the nonpartisan judicial general election, shall be held on the
1-10 first Tuesday after the first Monday in November in even-numbered
1-11 years.
1-12 (b) Any nonpartisan judicial runoff election shall be held
1-13 on the first Tuesday after the first Monday in December following
1-14 the general election.
1-15 SECTION 2. The Election Code is amended by adding Title 17
1-16 to read as follows:
1-17 TITLE 17. NONPARTISAN JUDICIAL ELECTIONS
1-18 CHAPTER 291. NONPARTISAN JUDICIAL ELECTION
1-19 SUBCHAPTER A. NONPARTISAN ELECTION OF JUDGES GENERALLY
1-20 Sec. 291.001. APPLICABILITY OF CHAPTER. An appellate
1-21 justice or judge is subject to nonpartisan election in accordance
1-22 with this chapter at the last nonpartisan judicial general election
1-23 to be held before the date the justice's or judge's term expires.
1-24 Sec. 291.002. PARTY NOMINATION PROHIBITED. Nomination for a
2-1 nonpartisan judicial office by a political party is prohibited.
2-2 Sec. 291.003. VOTE REQUIRED FOR ELECTION. (a) To be
2-3 elected to a nonpartisan judicial office, a candidate must receive
2-4 a majority of the total number of votes received by all candidates
2-5 for the office.
2-6 (b) If no candidate for a particular office receives the
2-7 vote required for election, a runoff election for that office is
2-8 required. Except as otherwise provided by this chapter, Subchapter
2-9 B, Chapter 2, applies to a runoff election held under this chapter.
2-10 Sec. 291.004. APPLICABILITY OF OTHER PARTS OF CODE. The
2-11 other titles of this code apply to a nonpartisan judicial election
2-12 except provisions that are inconsistent with this title or that
2-13 cannot feasibly be applied in a nonpartisan judicial election.
2-14 Sec. 291.005. ADDITIONAL PROCEDURES. The secretary of state
2-15 shall prescribe any additional procedures necessary for the orderly
2-16 and proper administration of elections held under this chapter.
2-17 (Sections 291.006-291.020 reserved for expansion
2-18 SUBCHAPTER B. APPLICATION FOR PLACE ON BALLOT
2-19 Sec. 291.021. APPLICATION REQUIRED. (a) To be entitled to
2-20 a place on the nonpartisan judicial election ballot, a candidate
2-21 must make an application for a place on the ballot.
2-22 (b) An application must, in addition to complying with
2-23 Section 141.031, be accompanied by the appropriate filing fee or,
2-24 instead of the filing fee, a petition that satisfies the
2-25 requirements prescribed by Section 141.062.
2-26 (c) An application filed by mail is considered to be filed
2-27 at the time of its receipt by the appropriate authority.
3-1 (d) A candidate for an office specified by Section
3-2 291.024(a)(3) who chooses to pay the filing fee must also accompany
3-3 the application with a petition that complies with the requirements
3-4 prescribed for the petition authorized by Subsection (b), except
3-5 that the minimum number of signatures that must appear on the
3-6 petition required by this subsection is 250. If the candidate
3-7 chooses to file the petition authorized by Subsection (b) instead
3-8 of the filing fee, the minimum number of signatures required for
3-9 that petition is increased by 250. Signatures on a petition filed
3-10 under this subsection or Subsection (b) by a candidate covered by
3-11 this subsection may not be obtained on the grounds of a county
3-12 courthouse or courthouse annex.
3-13 Sec. 291.022. AUTHORITY WITH WHOM APPLICATION FILED. An
3-14 application for a place on the nonpartisan judicial election ballot
3-15 must be filed with the secretary of state.
3-16 Sec. 291.023. REGULAR FILING DEADLINE. (a) An application
3-17 for a place on the nonpartisan judicial election ballot must be
3-18 filed not later than 5 p.m. of the 70th day before election day,
3-19 except as provided by Sections 291.053 and 202.008.
3-20 (b) An application may not be filed earlier than the 30th
3-21 day before the date of the regular filing deadline.
3-22 Sec. 291.024. FILING FEE. (a) The filing fee for a
3-23 nonpartisan judicial candidate is as follows:
3-24 (1) office elected statewide .................. $3,000
3-25 (2) chief justice or justice, court of appeals, other
3-26 than a justice specified by Subdivision (3) ................ 1,500
3-27 (3) chief justice or justice of a court of appeals
4-1 that serves a court of appeals district in which a county with a
4-2 population of more than one million is wholly or partly
4-3 situated ................................................... 2,000
4-4 (b) A filing fee received by the secretary of state shall be
4-5 deposited in the state treasury to the credit of the general
4-6 revenue fund.
4-7 Sec. 291.025. Number of Petition Signatures Required. The
4-8 minimum number of signatures that must appear on the petition
4-9 authorized by Section 291.021 is:
4-10 (1) for a statewide office, 5,000; or
4-11 (2) for a district office, the lesser of:
4-12 (A) 500; or
4-13 (B) two percent of the total vote received in
4-14 the district by all the candidates for governor in the most recent
4-15 gubernatorial general election.
4-16 Sec. 291.026. STATEMENT ON PETITION. The following
4-17 statement must appear at the top of each page of a petition to be
4-18 filed under Section 291.021: "I know that the purpose of this
4-19 petition is to entitle (insert candidate's name) to have his or her
4-20 name placed on the ballot for the office of (insert office title,
4-21 including any place number or other distinguishing number) for the
4-22 nonpartisan judicial election."
4-23 Sec. 291.027. CERTIFICATION OF NAMES FOR PLACEMENT ON
4-24 NONPARTISAN JUDICIAL GENERAL ELECTION BALLOT. (a) Except as
4-25 provided by Subsection (c), the secretary of state shall certify in
4-26 writing for placement on the nonpartisan judicial general election
4-27 ballot the name of each candidate who files with the secretary an
5-1 application that complies with Section 291.021(b).
5-2 (b) Not later than the 55th day before election day, the
5-3 secretary of state shall deliver the certification to the authority
5-4 responsible for having the official ballot prepared in each county
5-5 in which the candidate's name is to appear on the ballot.
5-6 (c) A candidate's name may not be certified:
5-7 (1) if, before delivering the certification, the
5-8 secretary of state learns that the name is to be omitted from the
5-9 ballot under Section 291.054; or
5-10 (2) for an office for which the candidate's
5-11 application is invalid under Section 141.033.
5-12 (Sections 291.028-291.050 reserved for expansion
5-13 SUBCHAPTER C. WITHDRAWAL, DEATH, AND INELIGIBILITY
5-14 OF CANDIDATE
5-15 Sec. 291.051. WITHDRAWAL, DEATH, OR INELIGIBILITY GENERALLY.
5-16 With respect to withdrawal, death, or ineligibility of a candidate
5-17 in a nonpartisan judicial election, this subchapter supersedes
5-18 Subchapter A, Chapter 145, to the extent of any conflict.
5-19 Sec. 291.052. WITHDRAWAL FROM NONPARTISAN JUDICIAL GENERAL
5-20 ELECTION. (a) A candidate may not withdraw from the nonpartisan
5-21 judicial general election after the 65th day before election day.
5-22 (b) A withdrawal request must be filed with the authority
5-23 with whom the withdrawing candidate's application for a place on
5-24 the ballot is required to be filed.
5-25 Sec. 291.053. EXTENDED FILING DEADLINE. (a) The deadline
5-26 for filing an application for a place on the nonpartisan judicial
5-27 general election ballot is extended as provided by this section if
6-1 a candidate who has made an application that complies with the
6-2 applicable requirements:
6-3 (1) dies on or after the fifth day before the date of
6-4 the regular filing deadline and on or before the 65th day before
6-5 election day;
6-6 (2) holds the office for which the application was
6-7 made and withdraws or is declared ineligible on or after the date
6-8 of the regular filing deadline and on or before the 65th day before
6-9 election day; or
6-10 (3) withdraws or is declared ineligible during the
6-11 period prescribed by Subdivision (2), and at the time of the
6-12 withdrawal or declaration of ineligibility no other candidate has
6-13 made an application that complies with the applicable requirements
6-14 for the office sought by the withdrawn or ineligible candidate.
6-15 (b) An application for an office sought by a withdrawn,
6-16 deceased, or ineligible candidate must be filed not later than
6-17 5 p.m. of the 60th day before election day.
6-18 (c) If the deadline for filing applications is extended,
6-19 notice of the extended filing shall be given in the same manner as
6-20 provided for a primary election.
6-21 Sec. 291.054. WITHDRAWN, DECEASED, OR INELIGIBLE CANDIDATE'S
6-22 NAME OMITTED FROM NONPARTISAN JUDICIAL GENERAL ELECTION BALLOT. A
6-23 candidate's name shall be omitted from the nonpartisan judicial
6-24 general election ballot if the candidate withdraws, dies, or is
6-25 declared ineligible on or before the 65th day before election day.
6-26 Sec. 291.055. DECEASED OR INELIGIBLE CANDIDATE'S NAME TO
6-27 APPEAR ON NONPARTISAN JUDICIAL GENERAL ELECTION BALLOT. If a
7-1 candidate who has made an application for a place on the
7-2 nonpartisan judicial general election ballot that complies with the
7-3 applicable requirements dies or is declared ineligible after the
7-4 65th day before election day, the candidate's name shall be placed
7-5 on the nonpartisan judicial general election ballot.
7-6 Sec. 291.056. WITHDRAWAL FROM RUNOFF. (a) A candidate may
7-7 not withdraw from the nonpartisan judicial runoff election after 5
7-8 p.m. of the 10th day after the date of the nonpartisan judicial
7-9 general election.
7-10 (b) A withdrawal request for the runoff must be filed with
7-11 the authority with whom the withdrawing candidate's application for
7-12 a place on the ballot is required to be filed.
7-13 (c) If a runoff candidate withdraws, the remaining candidate
7-14 is the winner and the runoff election for that office is not held.
7-15 Sec. 291.057. DECEASED OR INELIGIBLE CANDIDATE'S NAME TO
7-16 APPEAR ON RUNOFF BALLOT. If a candidate in the nonpartisan
7-17 judicial runoff election dies or is declared ineligible before
7-18 runoff election day, the candidate's name shall be placed on the
7-19 ballot.
7-20 (Sections 291.058-291.070 reserved for expansion
7-21 SUBCHAPTER D. CONDUCT OF ELECTION
7-22 Sec. 291.071. NONPARTISAN JUDICIAL ELECTION BALLOT. The
7-23 nonpartisan judicial offices and candidates shall be listed as a
7-24 separate ballot on the general election ballot following the
7-25 partisan offices under the heading "Election For Nonpartisan
7-26 Judicial Offices."
7-27 Sec. 291.072. GENERAL PROCEDURE FOR CONDUCT OF NONPARTISAN
8-1 JUDICIAL ELECTION. Except as otherwise provided by this code, the
8-2 nonpartisan judicial election shall be conducted and the results
8-3 canvassed, tabulated, and reported in the manner applicable to
8-4 partisan offices in the general election for state and county
8-5 officers.
8-6 Sec. 291.073. CERTIFICATION OF CANDIDATES FOR PLACEMENT ON
8-7 RUNOFF BALLOT. (a) The secretary of state shall certify in
8-8 writing for placement on the nonpartisan judicial runoff election
8-9 ballot the name of each candidate who is to be a candidate in the
8-10 runoff.
8-11 (b) The secretary of state shall deliver the certification
8-12 to the authority responsible for having the official ballot
8-13 prepared in each affected county as soon as practicable after the
8-14 state canvass of the nonpartisan judicial general election is
8-15 completed.
8-16 Sec. 291.074. GENERAL PROCEDURE FOR CONDUCT OF NONPARTISAN
8-17 JUDICIAL RUNOFF ELECTION. The nonpartisan judicial runoff election
8-18 shall be conducted and the results canvassed, tabulated, and
8-19 reported in the same manner as the nonpartisan judicial general
8-20 election.
8-21 SECTION 3. Section 1.005, Election Code, is amended by
8-22 amending Subdivision (9) and by adding Subdivisions (25) and (26)
8-23 to read as follows:
8-24 (9) "Independent candidate" means a candidate in a
8-25 nonpartisan election or a candidate in a partisan election who is
8-26 not the nominee of a political party. The term does not include a
8-27 nonpartisan judicial candidate.
9-1 (25) "Nonpartisan judicial candidate" means a
9-2 candidate in a nonpartisan judicial election.
9-3 (26) "Nonpartisan judicial election" means an election
9-4 held under Chapter 291.
9-5 SECTION 4. Section 52.092, Election Code, is amended by
9-6 amending Subsections (a), (c), (d), and (g)-(j) and by adding
9-7 Subsection (k) to read as follows:
9-8 (a) For an election at which offices regularly filled at the
9-9 general election for state and county officers, including the
9-10 nonpartisan judicial election, are to appear on the ballot, the
9-11 offices shall be listed in the following order:
9-12 (1) offices of the federal government;
9-13 (2) offices of the state government:
9-14 (A) statewide offices;
9-15 (B) district offices;
9-16 (3) offices of the county government:
9-17 (A) county offices;
9-18 (B) precinct offices.
9-19 (c) Statewide offices of the state government shall be
9-20 listed in the following order:
9-21 (1) governor;
9-22 (2) lieutenant governor;
9-23 (3) attorney general;
9-24 (4) comptroller of public accounts;
9-25 (5) commissioner of the General Land Office;
9-26 (6) commissioner of agriculture;
9-27 (7) railroad commissioner[;]
10-1 [(8) chief justice, supreme court;]
10-2 [(9) justice, supreme court;]
10-3 [(10) presiding judge, court of criminal appeals;]
10-4 [(11) judge, court of criminal appeals].
10-5 (d) District offices of the state government shall be listed
10-6 in the following order:
10-7 (1) member, State Board of Education;
10-8 (2) state senator;
10-9 (3) state representative;
10-10 (4) [chief justice, court of appeals;]
10-11 [(5) justice, court of appeals;]
10-12 [(6)] district judge;
10-13 (5) [(7)] criminal district judge;
10-14 (6) [(8)] family district judge;
10-15 (7) [(9)] district attorney;
10-16 (8) [(10)] criminal district attorney.
10-17 (g) The nonpartisan judicial offices shall be listed in the
10-18 following order:
10-19 (1) chief justice, supreme court;
10-20 (2) justice, supreme court;
10-21 (3) presiding judge, court of criminal appeals;
10-22 (4) judge, court of criminal appeals;
10-23 (5) chief justice, court of appeals;
10-24 (6) justice, court of appeals;
10-25 (h) If two or more offices having the same title except for
10-26 a place number or other distinguishing number are to appear on the
10-27 ballot, the number shall appear as part of the office title and the
11-1 offices shall be listed in numerical order.
11-2 (i) [(h)] The secretary of state shall assign a place number
11-3 to each position to be filled at the nonpartisan judicial [general]
11-4 election [for state and county officers] for each full or unexpired
11-5 term in the following offices:
11-6 (1) justice, supreme court;
11-7 (2) judge, court of criminal appeals; and
11-8 (3) justice, court of appeals in a court having a
11-9 membership in excess of three, if distinguishing the positions to
11-10 be filled is necessary.
11-11 (j) [(i)] The secretary of state shall designate the
11-12 position of new offices on the ballot.
11-13 (k) [(j)] The office of judge of a multicounty statutory
11-14 county court created under Subchapter D, Chapter 25, Government
11-15 Code, is considered to be a county office for purposes of listing
11-16 the office on the ballot and to be a district office for all other
11-17 purposes under this code.
11-18 SECTION 5. Section 141.001(a), Election Code, is amended to
11-19 read as follows:
11-20 (a) To be eligible to be a candidate for, or elected or
11-21 appointed to, a public elective office in this state, a person
11-22 must:
11-23 (1) be a United States citizen;
11-24 (2) be 18 years of age or older on the first day of
11-25 the term to be filled at the election or on the date of
11-26 appointment, as applicable;
11-27 (3) have not been determined mentally incompetent by a
12-1 final judgment of a court;
12-2 (4) have not been finally convicted of a felony from
12-3 which the person has not been pardoned or otherwise released from
12-4 the resulting disabilities;
12-5 (5) have resided continuously in the state for 12
12-6 months and in the territory from which the office is elected for
12-7 six months immediately preceding the following date:
12-8 (A) for a candidate whose name is to appear on a
12-9 general primary election ballot, the date of the regular filing
12-10 deadline for a candidate's application for a place on the ballot;
12-11 (B) for an independent candidate or a
12-12 nonpartisan judicial candidate, the date of the regular filing
12-13 deadline for a candidate's application for a place on the ballot;
12-14 (C) for a write-in candidate, the date of the
12-15 election at which the candidate's name is written in;
12-16 (D) for a party nominee who is nominated by any
12-17 method other than by primary election, the date the nomination is
12-18 made; and
12-19 (E) for an appointee to an office, the date the
12-20 appointment is made; and
12-21 (6) satisfy any other eligibility requirements
12-22 prescribed by law for the office.
12-23 SECTION 6. Section 145.003(b), Election Code, is amended to
12-24 read as follows:
12-25 (b) A candidate in the general election for state and county
12-26 officers, including the nonpartisan judicial general election, may
12-27 be declared ineligible before the 30th day preceding election day
13-1 by:
13-2 (1) the party officer responsible for certifying the
13-3 candidate's name for placement on the general election ballot, in
13-4 the case of a candidate who is a political party's nominee; or
13-5 (2) the authority with whom the candidate's
13-6 application for a place on the ballot is required to be filed, in
13-7 the case of an independent candidate or a nonpartisan judicial
13-8 candidate, as applicable.
13-9 SECTION 7. Section 145.005(a), Election Code, is amended to
13-10 read as follows:
13-11 (a) If the name of a deceased or ineligible candidate
13-12 appears on the ballot [under this chapter], the votes cast for the
13-13 candidate shall be counted and entered on the official election
13-14 returns in the same manner as for the other candidates.
13-15 SECTION 8. Section 146.021, Election Code, is amended to
13-16 read as follows:
13-17 Sec. 146.021. APPLICABILITY OF SUBCHAPTER. This subchapter
13-18 applies to a write-in candidate for an office that is to be voted
13-19 on at the general election for state and county officers, including
13-20 the nonpartisan judicial general election.
13-21 SECTION 9. Section 172.021(e), Election Code, is amended to
13-22 read as follows:
13-23 (e) A candidate for an office specified by Section
13-24 172.024(a)(8) or [,] (10) [, or (12)], or for justice of the peace
13-25 in a county with a population of more than one million [850,000],
13-26 who chooses to pay the filing fee must also accompany the
13-27 application with a petition that complies with the requirements
14-1 prescribed for the petition authorized by Subsection (b), except
14-2 that the minimum number of signatures that must appear on the
14-3 petition required by this subsection is 250. If the candidate
14-4 chooses to file the petition authorized by Subsection (b) instead
14-5 of the filing fee, the minimum number of signatures required for
14-6 that petition is increased by 250. Signatures on a petition filed
14-7 under this subsection or Subsection (b) by a candidate covered by
14-8 this subsection may not be obtained on the grounds of a county
14-9 courthouse or courthouse annex.
14-10 SECTION 10. Section 172.024(a), Election Code, is amended to
14-11 read as follows:
14-12 (a) The filing fee for a candidate for nomination in the
14-13 general primary election is as follows:
14-14 (1) United States senator ..................... $4,000
14-15 (2) office elected statewide, except United States
14-16 senator .................................... 3,000
14-17 (3) United States representative ............... 2,500
14-18 (4) state senator .............................. 1,000
14-19 (5) state representative ......................... 600
14-20 (6) member, State Board of Education ............. 250
14-21 (7) [chief justice or justice, court of appeals, other
14-22 than a justice specified by Subdivision (8)
14-23 ............................................ 1,500]
14-24 [(8) chief justice or justice of a court of appeals
14-25 that serves a court of appeals district in which a
14-26 county with a population of more than 850,000 is
14-27 wholly or partly situated .................. 2,000]
15-1 [(9)] district judge or judge specified by Section
15-2 52.092(d) for which this schedule does not
15-3 otherwise prescribe a fee .................. 1,200
15-4 (8) [(10)] district or criminal district judge of a
15-5 court in a judicial district wholly contained in
15-6 a county with a population of more than one
15-7 million [850,000] ........................ 2,000
15-8 (9) [(11)] judge, statutory county court, other than
15-9 a judge specified by Subdivision (10)
15-10 [12] ..................................... 1,200
15-11 (10) [(12)] judge of a statutory county court in a
15-12 county with a population of more than one
15-13 million [850,000] ........................ 2,000
15-14 (11) [(13)] district attorney, criminal district
15-15 attorney, or county attorney performing the
15-16 duties of a district attorney ............ 1,000
15-17 (12) [(14)] county commissioner or judge,
15-18 constitutional county court:
15-19 (A) county with a population of 200,000
15-20 or more ............................... 1,000
15-21 (B) county with a population of under
15-22 200,000 ................................. 600
15-23 (13) [(15)] justice of the peace or constable:
15-24 (A) county with a population of 200,000
15-25 or more ................................. 800
15-26 (B) county with a population of under
15-27 200,000 ................................. 300
16-1 (14) [(16)] county surveyor, inspector of hides and
16-2 animals, or public weigher .................... 50
16-3 (15) [(17)] office of the county government for
16-4 which this schedule does not otherwise
16-5 prescribe a fee ............................. 600
16-6 SECTION 11. Chapter 202, Election Code, is amended by
16-7 amending Section 202.002 and by adding Section 202.008 to read as
16-8 follows:
16-9 Sec. 202.002. Vacancy Filled at General Election. (a) If a
16-10 vacancy occurs on or before the 65th day before the date of the
16-11 general election for state and county officers, including the
16-12 nonpartisan judicial general election, held in the next-to-last
16-13 even-numbered year of a term of office, the remainder of the
16-14 unexpired term shall be filled at the next such general election
16-15 [for state and county officers], as provided by this chapter.
16-16 (b) If a vacancy occurs after the 65th day before the
16-17 applicable [a] general election day, an election for the unexpired
16-18 term may not be held at that general election. The appointment to
16-19 fill the vacancy continues until the next succeeding applicable
16-20 general election and until a successor has been elected and has
16-21 qualified for the office.
16-22 Sec. 202.008. FILING DEADLINE FOR APPLICATION OF NONPARTISAN
16-23 JUDICIAL CANDIDATE. (a) If a vacancy in a nonpartisan judicial
16-24 office occurs on or before the 10th day before the date of the
16-25 regular deadline for filing an application for a place on the
16-26 nonpartisan judicial general election ballot, an application for
16-27 the unexpired term must be filed by the regular filing deadline.
17-1 (b) If the vacancy occurs after the 10th day before the date
17-2 of the regular filing deadline, an application for the unexpired
17-3 term must be filed not later than 5 p.m. of the 15th day after the
17-4 date the vacancy occurs or 5 p.m. of the 60th day before election
17-5 day, whichever is earlier.
17-6 (c) The filing fee or petition requirements for a candidate
17-7 for an unexpired term are the same as for a candidate for a full
17-8 term.
17-9 SECTION 12. Each appellate justice or judge in office on the
17-10 effective date of this Act, unless otherwise removed as provided by
17-11 law, continues in office for the term to which elected or for the
17-12 period for which appointed, as applicable.
17-13 SECTION 13. This Act takes effect September 1, 1999.
17-14 SECTION 14. The importance of this legislation and the
17-15 crowded condition of the calendars in both houses create an
17-16 emergency and an imperative public necessity that the
17-17 constitutional rule requiring bills to be read on three several
17-18 days in each house be suspended, and this rule is hereby suspended.