By Duncan S.B. No. 59
76R656(1) GGS
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the appointment and nonpartisan retention or rejection
1-3 of appellate justices and judges and to elimination of a
1-4 straight-party vote in connection with district judges.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Chapter 22, Government Code, is amended by adding
1-7 Subchapter E to read as follows:
1-8 SUBCHAPTER E. APPOINTMENT AND RETENTION OF
1-9 JUSTICES AND JUDGES
1-10 Sec. 22.401. APPOINTMENT AND RETENTION CYCLE. (a) In
1-11 conjunction with the last general election for state and county
1-12 officers to be held before the end of a term of office to which a
1-13 justice or judge is appointed, the justice or judge is subject to
1-14 retention or rejection at the nonpartisan judicial retention
1-15 election in accordance with Chapter 291, Election Code.
1-16 (b) If a justice or judge does not seek retention, or
1-17 withdraws from the retention election, as provided by Chapter 291,
1-18 Election Code, the vacancy existing at the beginning of the
1-19 succeeding term shall be filled in the manner prescribed by the
1-20 Texas Constitution.
1-21 (c) If a vacancy occurs in the office of a justice or judge
1-22 seeking retention and the justice's or judge's name is omitted from
1-23 the retention election ballot under Chapter 291, Election Code, the
1-24 vacancy shall be filled in the manner prescribed by the Texas
1-25 Constitution.
1-26 (d) A vacancy in the office exists on the completion of a
2-1 retained justice's or judge's term, and the vacancy shall be filled
2-2 in the manner prescribed by the Texas Constitution.
2-3 Sec. 22.402. EFFECT OF RETENTION VOTE. (a) If a majority
2-4 of the votes received on the question are for the retention of the
2-5 justice or judge, the person is entitled to remain in office for a
2-6 regular term of six years beginning on the first day of the
2-7 following January, unless the person becomes ineligible or is
2-8 removed as provided by law.
2-9 (b) If less than a majority of the votes received on the
2-10 question are for retention, a vacancy in the office exists on the
2-11 first day of the following January, and the vacancy shall be filled
2-12 in the manner prescribed by the Texas Constitution.
2-13 (c) If the name of a justice or judge seeking retention
2-14 appears on the retention election ballot under Chapter 291,
2-15 Election Code, although a vacancy has occurred in the office, the
2-16 retention election for that office has no effect, and the vacancy
2-17 shall be filled in the manner prescribed by the Texas Constitution.
2-18 SECTION 2. Section 41.002, Election Code, is amended to read
2-19 as follows:
2-20 Sec. 41.002. GENERAL ELECTION FOR STATE AND COUNTY OFFICERS.
2-21 The general election for state and county officers, including the
2-22 nonpartisan judicial retention election, shall be held on the first
2-23 Tuesday after the first Monday in November in even-numbered years.
2-24 SECTION 3. The Election Code is amended by adding Title 17
2-25 to read as follows:
3-1 TITLE 17. NONPARTISAN JUDICIAL RETENTION ELECTIONS
3-2 CHAPTER 291. RETENTION ELECTION
3-3 Sec. 291.001. DECLARATION OF CANDIDACY. (a) Not later than
3-4 5 p.m. on June 1 preceding the nonpartisan judicial retention
3-5 election at which the justice or judge is subject to retention or
3-6 rejection, a justice or judge who seeks to continue to serve in
3-7 that office must file with the secretary of state a declaration of
3-8 candidacy to succeed to the next term.
3-9 (b) A declaration may not be filed earlier than the 30th day
3-10 before the date of the filing deadline. A declaration filed by
3-11 mail is considered to be filed at the time of its receipt by the
3-12 appropriate authority.
3-13 (c) The filling of the subsequent vacancy for the office for
3-14 which a declaration of candidacy is not filed is covered by Chapter
3-15 22, Government Code.
3-16 Sec. 291.002. Withdrawal, Death, or Ineligibility. (a)
3-17 With respect to withdrawal, death, or ineligibility of a candidate
3-18 in a nonpartisan judicial retention election, this section
3-19 supersedes Subchapter A, Chapter 145, to the extent of any
3-20 conflict.
3-21 (b) A candidate may not withdraw from the retention election
3-22 after the 65th day before election day.
3-23 (c) A withdrawal request must be filed with the authority
3-24 with whom the withdrawing candidate's declaration of candidacy is
3-25 required to be filed.
3-26 (d) A candidate's name shall be omitted from the retention
3-27 election ballot if the candidate withdraws, dies, or is declared
4-1 ineligible on or before the 65th day before election day.
4-2 (e) If a candidate who has made a declaration of candidacy
4-3 that complies with the applicable requirements dies or is declared
4-4 ineligible after the 65th day before election day, the candidate's
4-5 name shall be placed on the retention election ballot.
4-6 (f) The filling of the subsequent vacancy for the office
4-7 following implementation of Subsection (d) or (e) is covered by
4-8 Chapter 22, Government Code.
4-9 Sec. 291.003. Certification of Names for Placement on
4-10 Retention Election Ballot. (a) Except as provided by Subsection
4-11 (c), the secretary of state shall certify in writing for placement
4-12 on the nonpartisan judicial retention election ballot the name of
4-13 each candidate who files with the secretary a declaration of
4-14 candidacy that complies with Section 291.001.
4-15 (b) Not later than the 55th day before election day, the
4-16 secretary of state shall deliver the certification to the authority
4-17 responsible for having the official ballot prepared in each county
4-18 in which the candidate's name is to appear on the ballot.
4-19 (c) A candidate's name may not be certified if, before
4-20 delivering the certification, the secretary of state learns that
4-21 the name is to be omitted from the ballot under Section 291.002.
4-22 Sec. 291.004. Retention Election Ballot. The name of the
4-23 person subject to retention or rejection shall be submitted to the
4-24 voters on the nonpartisan judicial retention election ballot
4-25 following the offices subject to election under the heading
4-26 "Retention of Nonpartisan Judicial Offices," in substantially the
4-27 following form:
5-1 "Shall (Justice or Judge)__________________________
5-2 ___________________________________________________
5-3 be retained in office as (justice or judge) of the
5-4 (name of court)__________________________________?"
5-5 ____"Yes"
5-6 ____"No"
5-7 Sec. 291.005. General Procedure for Conduct of Retention
5-8 Election. (a) Except as otherwise provided by this code, the
5-9 nonpartisan judicial retention election shall be conducted and the
5-10 results canvassed, tabulated, and reported in the manner applicable
5-11 to partisan offices in the general election for state and county
5-12 officers.
5-13 (b) A certificate of election shall be issued to a retained
5-14 officer in the same manner as provided for a candidate elected to
5-15 the office.
5-16 Sec. 291.006. WRITE-IN VOTING PROHIBITED. Write-in voting
5-17 is not permitted in a nonpartisan judicial retention election.
5-18 Sec. 291.007. Political Contributions and Expenditures. A
5-19 candidate for retention of a judicial office is subject to Title 15
5-20 and shall comply with that title in the same manner as a candidate
5-21 for election to the office.
5-22 Sec. 291.008. Applicability of Other Parts of Code. The
5-23 other titles of this code apply to a nonpartisan judicial retention
5-24 election except provisions that are inconsistent with this title or
5-25 that cannot feasibly be applied in a retention election.
5-26 Sec. 291.009. Additional Procedures. The secretary of state
5-27 shall prescribe any additional procedures necessary for the orderly
6-1 and proper administration of elections held under this chapter.
6-2 SECTION 4. Section 1.005, Election Code, is amended by
6-3 amending Subdivisions (9) and (20) and by adding Subdivisions (25),
6-4 (26), and (27) to read as follows:
6-5 (9) "Independent candidate" means a candidate in a
6-6 nonpartisan election or a candidate in a partisan election who is
6-7 not the nominee of a political party. The term does not include a
6-8 nonpartisan judicial candidate.
6-9 (20) "Straight-party vote" means a vote by a single
6-10 mark, punch, or other action by the voter for all the nominees of
6-11 one political party, except nominees for partisan district court
6-12 offices, and for no other candidates.
6-13 (25) "Nonpartisan judicial candidate" means a
6-14 candidate in a nonpartisan judicial retention election.
6-15 (26) "Nonpartisan judicial retention election" means
6-16 an election held under Chapter 291.
6-17 (27) "Partisan district court office" means an office
6-18 listed in Section 52.092(g).
6-19 SECTION 5. Section 52.065, Election Code, is amended by
6-20 adding Subsection (f) to read as follows:
6-21 (f) Partisan district court offices shall appear on the
6-22 ballot in the same format as the other offices but under the
6-23 heading "Partisan District Court Offices" after the listing of the
6-24 other offices.
6-25 SECTION 6. Section 52.066, Election Code, is amended by
6-26 adding Subsection (e) to read as follows:
6-27 (e) Partisan district court offices shall appear on the
7-1 ballot in the same format as the other offices but under the
7-2 heading "Partisan District Court Offices" after the listing of the
7-3 other offices.
7-4 SECTION 7. Subchapter C, Chapter 52, Election Code, is
7-5 amended by adding Section 52.0661 to read as follows:
7-6 Sec. 52.0661. SEPARATE LISTING OF UNOPPOSED PARTISAN
7-7 DISTRICT COURT CANDIDATES. (a) Any unopposed candidates for
7-8 partisan district court offices shall be listed separately on the
7-9 ballot under the heading "Uncontested Partisan District Court
7-10 Races" following the contested races for those offices.
7-11 (b) In the general election for state and county officers,
7-12 the party alignment of each unopposed candidate for an office
7-13 covered by this section shall be indicated next to the candidate's
7-14 name.
7-15 (c) The secretary of state shall prescribe any procedures or
7-16 instructions necessary to implement this section.
7-17 SECTION 8. Section 52.070(b), Election Code, is amended to
7-18 read as follows:
7-19 (b) Immediately below "OFFICIAL BALLOT[,]" and "Partisan
7-20 District Court Offices," if applicable, the following instruction
7-21 shall be printed: "Vote for the candidate of your choice in each
7-22 race by placing an 'X' in the square beside the candidate's name."
7-23 SECTION 9. Section 52.071, Election Code, is amended to read
7-24 as follows:
7-25 Sec. 52.071. VOTING SQUARE AND INSTRUCTION FOR
7-26 STRAIGHT-PARTY VOTE. (a) On a ballot on which a party column
7-27 appears in connection with offices other than partisan district
8-1 court offices, a square larger than the square prescribed by
8-2 Section 52.070(a) shall be printed to the left of each political
8-3 party's name.
8-4 (b) The following instruction shall be added to the
8-5 instruction required by Section 52.070(b) in connection with
8-6 offices other than partisan district court offices: "You may cast
8-7 a straight-party vote (that is, cast a vote for all the nominees of
8-8 one party, except nominees for partisan district court offices) by
8-9 placing an 'X' in the square beside the name of the party of your
8-10 choice. If you cast a straight-party vote [for all the nominees of
8-11 one party] and also cast a vote for an opponent of one of that
8-12 party's nominees, your vote for the opponent will be counted as
8-13 well as your vote for all the other nominees of the party for which
8-14 the straight-party vote was cast."
8-15 SECTION 10. Section 52.092, Election Code, is amended by
8-16 amending Subsections (a), (c), (d), and (g)-(j) and by adding
8-17 Subsections (k) and (l) to read as follows:
8-18 (a) For an election at which offices regularly filled at the
8-19 general election for state and county officers, including the
8-20 nonpartisan judicial retention election, are to appear on the
8-21 ballot, the offices shall be listed in the following order:
8-22 (1) offices of the federal government;
8-23 (2) offices of the state government:
8-24 (A) statewide offices;
8-25 (B) district offices;
8-26 (3) offices of the county government:
8-27 (A) county offices;
9-1 (B) precinct offices.
9-2 (c) Statewide offices of the state government shall be
9-3 listed in the following order:
9-4 (1) governor;
9-5 (2) lieutenant governor;
9-6 (3) attorney general;
9-7 (4) comptroller of public accounts;
9-8 (5) commissioner of the General Land Office;
9-9 (6) commissioner of agriculture;
9-10 (7) railroad commissioner[;]
9-11 [(8) chief justice, supreme court;]
9-12 [(9) justice, supreme court;]
9-13 [(10) presiding judge, court of criminal appeals;]
9-14 [(11) judge, court of criminal appeals].
9-15 (d) District offices of the state government shall be listed
9-16 in the following order:
9-17 (1) member, State Board of Education;
9-18 (2) state senator;
9-19 (3) state representative;
9-20 (4) [chief justice, court of appeals;]
9-21 [(5) justice, court of appeals;]
9-22 [(6) district judge;]
9-23 [(7) criminal district judge;]
9-24 [(8) family district judge;]
9-25 [(9)] district attorney;
9-26 (5) [(10)] criminal district attorney.
9-27 (g) Partisan district court offices shall be listed in the
10-1 following order:
10-2 (1) district judge;
10-3 (2) criminal district judge;
10-4 (3) family district judge.
10-5 (h) The nonpartisan judicial retention election offices
10-6 shall be listed in the following order:
10-7 (1) chief justice, supreme court;
10-8 (2) justice, supreme court;
10-9 (3) presiding judge, court of criminal appeals;
10-10 (4) judge, court of criminal appeals;
10-11 (5) chief justice, court of appeals;
10-12 (6) justice, court of appeals.
10-13 (i) [(g)] If two or more offices having the same title
10-14 except for a place number or other distinguishing number are to
10-15 appear on the ballot, the number shall appear as part of the office
10-16 title and the offices shall be listed in numerical order.
10-17 (j) [(h)] The secretary of state shall assign a place number
10-18 to each position to be voted on [filled] at the nonpartisan
10-19 judicial retention [general] election for [state and county
10-20 officers for each full or unexpired term in] the following offices:
10-21 (1) justice, supreme court;
10-22 (2) judge, court of criminal appeals; and
10-23 (3) justice, court of appeals in a court having a
10-24 membership in excess of three, if distinguishing the positions to
10-25 be filled is necessary.
10-26 (k) [(i)] The secretary of state shall designate the
10-27 position of new offices on the ballot.
11-1 (l) [(j)] The office of judge of a multicounty statutory
11-2 county court created under Subchapter D, Chapter 25, Government
11-3 Code, is considered to be a county office for purposes of listing
11-4 the office on the ballot and to be a district office for all other
11-5 purposes under this code.
11-6 SECTION 11. Sections 65.007(b) and (c), Election Code, are
11-7 amended to read as follows:
11-8 (b) Except as provided by Subsection (c) or (d), each
11-9 straight-party vote shall be tallied for the party receiving the
11-10 vote instead of being tallied for the individual candidates of the
11-11 party. The total number of straight-party votes tallied for each
11-12 party shall be added to the total votes received for each of the
11-13 party nominees individually, except nominees for partisan district
11-14 court offices.
11-15 (c) If a ballot indicates a straight-party vote and a vote
11-16 for an opponent of one or more of that party's nominees, a vote
11-17 shall be counted for the opponent and for each of the party's other
11-18 nominees, except nominees for partisan district court offices,
11-19 whether or not any of those nominees have received individual
11-20 votes.
11-21 SECTION 12. Subchapter A, Chapter 124, Election Code, is
11-22 amended by amending Section 124.003 and by adding Section 124.0031
11-23 to read as follows:
11-24 Sec. 124.003. ]SSeparate Listing of Unopposed ]SCandidates [;
11-25 Bloc Voting]. (a) Any unopposed candidates, except candidates for
11-26 partisan district court offices, may be listed separately under the
11-27 heading "Uncontested Races" on a voting system ballot or ballot
12-1 label.
12-2 (b) In an election in which the ballots indicate political
12-3 party alignment, the party alignment of the candidates listed under
12-4 the uncontested races heading shall be indicated next to the
12-5 candidate's name.
12-6 (c) Candidates listed under the uncontested races heading
12-7 may be arranged in a manner requiring voting on them as one or more
12-8 groups [blocs], but only if an additional ballot or ballot label
12-9 would otherwise be necessary to accommodate all the candidates and
12-10 propositions to be listed.
12-11 (d) The requirement that the ballot or ballot label be
12-12 arranged to permit straight-party voting does not apply to
12-13 candidates listed under the uncontested races heading.
12-14 Sec. 124.0031. SEPARATE LISTING OF UNOPPOSED PARTISAN
12-15 DISTRICT COURT CANDIDATES. Candidates listed under the uncontested
12-16 partisan district court races heading may be arranged in a manner
12-17 requiring voting on them as one or more groups, but only if an
12-18 additional ballot or ballot label would otherwise be necessary to
12-19 accommodate all the candidates and propositions to be listed.
12-20 SECTION 13. Section 124.061(b), Election Code, is amended to
12-21 read as follows:
12-22 (b) A punch-card ballot label may comprise as many separate
12-23 sheets as are necessary to list the candidates and propositions
12-24 stating measures to be voted on in an election. If more than one
12-25 sheet is used, the first sheet of the sequence must [shall]
12-26 indicate the fact that the ballot is continued on one or more
12-27 additional sheets and must indicate the sheet on which the listing
13-1 of partisan district court offices, if any, begins. Sheets in the
13-2 same sequence may be identified by any method that will facilitate
13-3 voting or ballot processing and not confuse the voters.
13-4 SECTION 14. Section 124.063(a), Election Code, is amended to
13-5 read as follows:
13-6 (a) An electronic system ballot on which a voter indicates a
13-7 vote by punching a hole in the ballot must contain the following
13-8 instruction if candidates are to be voted on: "Vote for the
13-9 candidate of your choice in each race by making a punch hole in the
13-10 space provided adjacent to the name of that candidate." The ballot
13-11 must contain the same instruction in conjunction with any partisan
13-12 district court offices appearing on the ballot. If a proposition
13-13 appears on the ballot, the ballot must contain the following
13-14 instruction: "Make a punch hole in the space provided beside the
13-15 statement indicating the way you desire to vote."
13-16 SECTION 15. Section 145.003(b), Election Code, is amended to
13-17 read as follows:
13-18 (b) A candidate in the general election for state and county
13-19 officers, including the nonpartisan judicial retention election,
13-20 may be declared ineligible before the 30th day preceding election
13-21 day by:
13-22 (1) the party officer responsible for certifying the
13-23 candidate's name for placement on the general election ballot, in
13-24 the case of a candidate who is a political party's nominee; or
13-25 (2) the authority with whom the candidate's
13-26 application for a place on the ballot or declaration of candidacy
13-27 is required to be filed, in the case of an independent candidate or
14-1 a nonpartisan judicial candidate, as applicable.
14-2 SECTION 16. Section 145.005(a), Election Code, is amended to
14-3 read as follows:
14-4 (a) If the name of a deceased or ineligible candidate
14-5 appears on the ballot [under this chapter], the votes cast for the
14-6 candidate shall be counted and entered on the official election
14-7 returns in the same manner as for the other candidates.
14-8 SECTION 17. Section 202.001, Election Code, is amended to
14-9 read as follows:
14-10 Sec. 202.001. APPLICABILITY OF CHAPTER. (a) This chapter
14-11 applies to elective offices of the state and county governments
14-12 except the offices of state senator and state representative.
14-13 (b) This chapter does not apply to the office of justice or
14-14 judge of an appellate court.
14-15 SECTION 18. (a) Each appellate court justice or judge in
14-16 office January 1, 2000, unless otherwise removed as provided by
14-17 law, continues in office subject to this section.
14-18 (b) Each appellate court justice or judge who is in office
14-19 January 1, 2000, is subject to retention or rejection, in the
14-20 manner provided by law, at the general election preceding the
14-21 expiration of the regular or unexpired term for which each was
14-22 elected or appointed.
14-23 SECTION 19. This Act takes effect only if the constitutional
14-24 amendment proposed by the 76th Legislature, Regular Session, 1999,
14-25 providing for gubernatorial appointment to fill vacancies in the
14-26 offices of appellate justices and judges, for nonpartisan retention
14-27 elections for those justices and judges, and for gubernatorial
15-1 appointment to fill vacancies in the office of district judge in
15-2 accordance with certain standards is adopted. If the amendment is
15-3 adopted, this Act takes effect January 1, 2000.
15-4 SECTION 20. The importance of this legislation and the
15-5 crowded condition of the calendars in both houses create an
15-6 emergency and an imperative public necessity that the
15-7 constitutional rule requiring bills to be read on three several
15-8 days in each house be suspended, and this rule is hereby suspended.