By Mowery H.B. No. 666
76R2881 GGS-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the method of voting in connection with certain
1-3 judicial races.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 1.005, Election Code, is amended by
1-6 amending Subdivision (20) and by adding Subdivision (25) to read as
1-7 follows:
1-8 (20) "Straight-party vote" means a vote by a single
1-9 mark, punch, or other action by the voter for all the nominees of
1-10 one political party, except nominees for judicial offices, and for
1-11 no other candidates.
1-12 (25) "Judicial office" means an office listed in
1-13 Section 52.092(g).
1-14 SECTION 2. Section 52.065, Election Code, is amended by
1-15 adding Subsection (f) to read as follows:
1-16 (f) Judicial offices shall appear on the ballot in the same
1-17 format as the other offices but under the heading "Judicial
1-18 Offices" after the listing of the other offices.
1-19 SECTION 3. Section 52.066, Election Code, is amended by
1-20 adding Subsection (e) to read as follows:
1-21 (e) Judicial offices shall appear on the ballot in the same
1-22 format as the other offices but under the heading "Judicial
1-23 Offices" after the listing of the other offices.
1-24 SECTION 4. Subchapter C, Chapter 52, Election Code, is
2-1 amended by adding Section 52.0661 to read as follows:
2-2 Sec. 52.0661. SEPARATE LISTING OF UNOPPOSED JUDICIAL
2-3 CANDIDATES. (a) Any unopposed candidates for judicial offices
2-4 shall be listed separately on the ballot under the heading
2-5 "Uncontested Judicial Races" following the contested judicial
2-6 races.
2-7 (b) In the general election for state and county officers,
2-8 the party alignment of each unopposed candidate for a judicial
2-9 office shall be indicated next to the candidate's name.
2-10 (c) The secretary of state shall prescribe any procedures or
2-11 instructions necessary to implement this section.
2-12 SECTION 5. Section 52.070(b), Election Code, is amended to
2-13 read as follows:
2-14 (b) Immediately below "OFFICIAL BALLOT[,]" and "Judicial
2-15 Offices," if applicable, the following instruction shall be
2-16 printed: "Vote for the candidate of your choice in each race by
2-17 placing an 'X' in the square beside the candidate's name."
2-18 SECTION 6. Section 52.071, Election Code, is amended to read
2-19 as follows:
2-20 Sec. 52.071. VOTING SQUARE AND INSTRUCTION FOR
2-21 STRAIGHT-PARTY VOTE. (a) On a ballot on which a party column
2-22 appears in connection with offices other than judicial offices, a
2-23 square larger than the square prescribed by Section 52.070(a) shall
2-24 be printed to the left of each political party's name.
2-25 (b) The following instruction shall be added to the
2-26 instruction required by Section 52.070(b) in connection with
2-27 offices other than judicial offices: "You may cast a
3-1 straight-party vote (that is, cast a vote for all the nominees of
3-2 one party, except nominees for judicial offices) by placing an 'X'
3-3 in the square beside the name of the party of your choice. If you
3-4 cast a straight-party vote [for all the nominees of one party] and
3-5 also cast a vote for an opponent of one of that party's nominees,
3-6 your vote for the opponent will be counted as well as your vote for
3-7 all the other nominees of the party for which the straight-party
3-8 vote was cast."
3-9 SECTION 7. Section 52.092, Election Code, is amended by
3-10 amending Subsections (c)-(e) and (g)-(j) and by adding Subsection
3-11 (k) to read as follows:
3-12 (c) Statewide offices of the state government shall be
3-13 listed in the following order:
3-14 (1) governor;
3-15 (2) lieutenant governor;
3-16 (3) attorney general;
3-17 (4) comptroller of public accounts;
3-18 (5) commissioner of the General Land Office;
3-19 (6) commissioner of agriculture;
3-20 (7) railroad commissioner[;]
3-21 [(8) chief justice, supreme court;]
3-22 [(9) justice, supreme court;]
3-23 [(10) presiding judge, court of criminal appeals;]
3-24 [(11) judge, court of criminal appeals].
3-25 (d) District offices of the state government shall be listed
3-26 in the following order:
3-27 (1) member, State Board of Education;
4-1 (2) state senator;
4-2 (3) state representative;
4-3 (4) [chief justice, court of appeals;]
4-4 [(5) justice, court of appeals;]
4-5 [(6) district judge;]
4-6 [(7) criminal district judge;]
4-7 [(8) family district judge;]
4-8 [(9)] district attorney;
4-9 (5) [(10)] criminal district attorney.
4-10 (e) County offices shall be listed in the following order:
4-11 (1) county judge;
4-12 (2) [judge, county court at law;]
4-13 [(3) judge, county criminal court;]
4-14 [(4) judge, county probate court;]
4-15 [(5)] county attorney;
4-16 (3) [(6)] district clerk;
4-17 (4) [(7)] district and county clerk;
4-18 (5) [(8)] county clerk;
4-19 (6) [(9)] sheriff;
4-20 (7) [(10)] sheriff and tax assessor-collector;
4-21 (8) [(11)] county tax assessor-collector;
4-22 (9) [(12)] county treasurer;
4-23 (10) [(13)] county school trustee (county with
4-24 population of two million or more);
4-25 (11) [(14)] county surveyor;
4-26 (12) [(15)] inspector of hides and animals.
4-27 (g) Judicial offices shall be listed in the following order:
5-1 (1) chief justice, supreme court;
5-2 (2) justice, supreme court;
5-3 (3) presiding judge, court of criminal appeals;
5-4 (4) judge, court of criminal appeals;
5-5 (5) chief justice, court of appeals;
5-6 (6) justice, court of appeals;
5-7 (7) district judge;
5-8 (8) criminal district judge;
5-9 (9) family district judge;
5-10 (10) judge, county court at law;
5-11 (11) judge, county criminal court;
5-12 (12) judge, county probate court.
5-13 (h) If two or more offices having the same title except for
5-14 a place number or other distinguishing number are to appear on the
5-15 ballot, the number shall appear as part of the office title and the
5-16 offices shall be listed in numerical order.
5-17 (i) [(h)] The secretary of state shall assign a place number
5-18 to each position to be filled at the general election for state and
5-19 county officers for each full or unexpired term in the following
5-20 offices:
5-21 (1) justice, supreme court;
5-22 (2) judge, court of criminal appeals; and
5-23 (3) justice, court of appeals in a court having a
5-24 membership in excess of three, if distinguishing the positions to
5-25 be filled is necessary.
5-26 (j) [(i)] The secretary of state shall designate the
5-27 position of new offices on the ballot.
6-1 (k) [(j)] The office of judge of a multicounty statutory
6-2 county court created under Subchapter D, Chapter 25, Government
6-3 Code, is considered to be a county office for purposes of listing
6-4 the office on the ballot and to be a district office for all other
6-5 purposes under this code.
6-6 SECTION 8. Sections 65.007(b) and (c), Election Code, are
6-7 amended to read as follows:
6-8 (b) Except as provided by Subsection (c) or (d), each
6-9 straight-party vote shall be tallied for the party receiving the
6-10 vote instead of being tallied for the individual candidates of the
6-11 party. The total number of straight-party votes tallied for each
6-12 party shall be added to the total votes received for each of the
6-13 party nominees individually, except nominees for judicial offices.
6-14 (c) If a ballot indicates a straight-party vote and a vote
6-15 for an opponent of one or more of that party's nominees, a vote
6-16 shall be counted for the opponent and for each of the party's other
6-17 nominees, except nominees for judicial offices, whether or not any
6-18 of those nominees have received individual votes.
6-19 SECTION 9. Subchapter A, Chapter 124, Election Code, is
6-20 amended by amending Section 124.003 and by adding Section 124.0031
6-21 to read as follows:
6-22 Sec. 124.003. Separate Listing of Unopposed Candidates[;
6-23 Bloc Voting]. (a) Any unopposed candidates, except candidates for
6-24 judicial offices, may be listed separately under the heading
6-25 "Uncontested Races" on a voting system ballot or ballot label.
6-26 (b) In an election in which the ballots indicate political
6-27 party alignment, the party alignment of the candidates listed under
7-1 the uncontested races heading shall be indicated next to the
7-2 candidate's name.
7-3 (c) Candidates listed under the uncontested races heading
7-4 may be arranged in a manner requiring voting on them as one or more
7-5 groups [blocs], but only if an additional ballot or ballot label
7-6 would otherwise be necessary to accommodate all the candidates and
7-7 propositions to be listed.
7-8 (d) The requirement that the ballot or ballot label be
7-9 arranged to permit straight-party voting does not apply to
7-10 candidates listed under the uncontested races heading.
7-11 Sec. 124.0031. SEPARATE LISTING OF UNOPPOSED JUDICIAL
7-12 CANDIDATES. Candidates listed under the uncontested judicial races
7-13 heading may be arranged in a manner requiring voting on them as one
7-14 or more groups, but only if an additional ballot or ballot label
7-15 would otherwise be necessary to accommodate all the candidates and
7-16 propositions to be listed.
7-17 SECTION 10. Section 124.061(b), Election Code, is amended to
7-18 read as follows:
7-19 (b) A punch-card ballot label may comprise as many separate
7-20 sheets as are necessary to list the candidates and propositions
7-21 stating measures to be voted on in an election. If more than one
7-22 sheet is used, the first sheet of the sequence must [shall]
7-23 indicate the fact that the ballot is continued on one or more
7-24 additional sheets and must indicate the sheet on which the listing
7-25 of judicial offices, if any, begins. Sheets in the same sequence
7-26 may be identified by any method that will facilitate voting or
7-27 ballot processing and not confuse the voters.
8-1 SECTION 11. Section 124.063(a), Election Code, is amended to
8-2 read as follows:
8-3 (a) An electronic system ballot on which a voter indicates a
8-4 vote by punching a hole in the ballot must contain the following
8-5 instruction if candidates are to be voted on: "Vote for the
8-6 candidate of your choice in each race by making a punch hole in the
8-7 space provided adjacent to the name of that candidate." The ballot
8-8 must contain the same instruction in conjunction with any judicial
8-9 offices appearing on the ballot. If a proposition appears on the
8-10 ballot, the ballot must contain the following instruction: "Make a
8-11 punch hole in the space provided beside the statement indicating
8-12 the way you desire to vote."
8-13 SECTION 12. This Act takes effect September 1, 1999.
8-14 SECTION 13. The importance of this legislation and the
8-15 crowded condition of the calendars in both houses create an
8-16 emergency and an imperative public necessity that the
8-17 constitutional rule requiring bills to be read on three several
8-18 days in each house be suspended, and this rule is hereby suspended.