1-1 By: Duncan, Ellis S.B. No. 59
1-2 (In the Senate - Filed November 16, 1998; January 26, 1999,
1-3 read first time and referred to Committee on Jurisprudence;
1-4 May 4, 1999, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 3, Nays 0; May 4, 1999,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 59 By: Wentworth
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the appointment and nonpartisan retention or rejection
1-11 of appellate justices and judges and to elimination of a
1-12 straight-party vote in connection with district judges.
1-13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14 SECTION 1. Chapter 22, Government Code, is amended by adding
1-15 Subchapter E to read as follows:
1-16 SUBCHAPTER E. APPOINTMENT AND RETENTION OF
1-17 JUSTICES AND JUDGES
1-18 Sec. 22.401. APPOINTMENT AND RETENTION CYCLE. (a) In
1-19 conjunction with the last general election for state and county
1-20 officers to be held before the end of a term of office to which a
1-21 justice or judge is appointed or retained, the justice or judge is
1-22 subject to retention or rejection at the nonpartisan judicial
1-23 retention election in accordance with Chapter 291, Election Code.
1-24 (b) If a justice or judge does not seek retention, or
1-25 withdraws from the retention election, as provided by Chapter 291,
1-26 Election Code, the vacancy existing at the beginning of the
1-27 succeeding term shall be filled in the manner prescribed by the
1-28 Texas Constitution.
1-29 (c) If a vacancy occurs in the office of a justice or judge
1-30 seeking retention and the justice's or judge's name is omitted from
1-31 the retention election ballot under Chapter 291, Election Code, the
1-32 vacancy shall be filled in the manner prescribed by the Texas
1-33 Constitution.
1-34 Sec. 22.402. EFFECT OF RETENTION VOTE. (a) If a majority
1-35 of the votes received on the question are for the retention of the
1-36 justice or judge, the person is entitled to remain in office for a
1-37 regular term of six years beginning on the first day of the
1-38 following January, unless the person becomes ineligible or is
1-39 removed as provided by law.
1-40 (b) If less than a majority of the votes received on the
1-41 question are for retention, a vacancy in the office exists on the
1-42 first day of the following January, and the vacancy shall be filled
1-43 in the manner prescribed by the Texas Constitution.
1-44 (c) If the name of a justice or judge seeking retention
1-45 appears on the retention election ballot under Chapter 291,
1-46 Election Code, although a vacancy has occurred in the office, the
1-47 retention election for that office has no effect, and the vacancy
1-48 shall be filled in the manner prescribed by the Texas Constitution.
1-49 SECTION 2. Section 41.002, Election Code, is amended to read
1-50 as follows:
1-51 Sec. 41.002. GENERAL ELECTION FOR STATE AND COUNTY
1-52 OFFICERS. The general election for state and county officers,
1-53 including the nonpartisan judicial retention election, shall be
1-54 held on the first Tuesday after the first Monday in November in
1-55 even-numbered years.
1-56 SECTION 3. The Election Code is amended by adding Title 17
1-57 to read as follows:
1-58 TITLE 17. NONPARTISAN JUDICIAL RETENTION ELECTIONS
1-59 CHAPTER 291. RETENTION ELECTION
1-60 Sec. 291.001. DECLARATION OF CANDIDACY. (a) Not later than
1-61 5 p.m. on June 1 preceding the nonpartisan judicial retention
1-62 election at which the justice or judge is subject to retention or
1-63 rejection, a justice or judge who seeks to continue to serve in
1-64 that office must file with the secretary of state a declaration of
2-1 candidacy to succeed to the next term.
2-2 (b) A declaration may not be filed earlier than the 30th day
2-3 before the date of the filing deadline. A declaration filed by
2-4 mail is considered to be filed at the time of its receipt by the
2-5 appropriate authority.
2-6 (c) The filling of the subsequent vacancy for the office for
2-7 which a declaration of candidacy is not filed is covered by Chapter
2-8 22, Government Code.
2-9 Sec. 291.002. WITHDRAWAL, DEATH, OR INELIGIBILITY.
2-10 (a) With respect to withdrawal, death, or ineligibility of a
2-11 candidate in a nonpartisan judicial retention election, this
2-12 section supersedes Subchapter A, Chapter 145, to the extent of any
2-13 conflict.
2-14 (b) A candidate may not withdraw from the retention election
2-15 after the 65th day before election day.
2-16 (c) A withdrawal request must be filed with the authority
2-17 with whom the withdrawing candidate's declaration of candidacy is
2-18 required to be filed.
2-19 (d) A candidate's name shall be omitted from the retention
2-20 election ballot if the candidate withdraws, dies, or is declared
2-21 ineligible on or before the 65th day before election day.
2-22 (e) If a candidate who has made a declaration of candidacy
2-23 that complies with the applicable requirements dies or is declared
2-24 ineligible after the 65th day before election day, the candidate's
2-25 name shall be placed on the retention election ballot.
2-26 (f) The filling of the subsequent vacancy for the office
2-27 following implementation of Subsection (d) or (e) is covered by
2-28 Chapter 22, Government Code.
2-29 Sec. 291.003. CERTIFICATION OF NAMES FOR PLACEMENT ON
2-30 RETENTION ELECTION BALLOT. (a) Except as provided by Subsection
2-31 (c), the secretary of state shall certify in writing for placement
2-32 on the nonpartisan judicial retention election ballot the name of
2-33 each candidate who files with the secretary a declaration of
2-34 candidacy that complies with Section 291.001.
2-35 (b) Not later than the 55th day before election day, the
2-36 secretary of state shall deliver the certification to the authority
2-37 responsible for having the official ballot prepared in each county
2-38 in which the candidate's name is to appear on the ballot.
2-39 (c) A candidate's name may not be certified if, before
2-40 delivering the certification, the secretary of state learns that
2-41 the name is to be omitted from the ballot under Section 291.002.
2-42 Sec. 291.004. RETENTION ELECTION BALLOT. The name of the
2-43 person subject to retention or rejection shall be submitted to the
2-44 voters on the nonpartisan judicial retention election ballot
2-45 following the offices subject to election under the heading
2-46 "Retention of Nonpartisan Judicial Offices," in substantially the
2-47 following form:
2-48 "Shall (Justice or Judge)__________________________
2-49 ___________________________________________________
2-50 be retained in office as (justice or judge) of the
2-51 (name of court)__________________________________?"
2-52 ____"Yes"
2-53 ____"No"
2-54 Sec. 291.005. GENERAL PROCEDURE FOR CONDUCT OF RETENTION
2-55 ELECTION. (a) Except as otherwise provided by this code, the
2-56 nonpartisan judicial retention election shall be conducted and the
2-57 results canvassed, tabulated, and reported in the manner applicable
2-58 to partisan offices in the general election for state and county
2-59 officers.
2-60 (b) A certificate of election shall be issued to a retained
2-61 officer in the same manner as provided for a candidate elected to
2-62 the office.
2-63 Sec. 291.006. WRITE-IN VOTING PROHIBITED. Write-in voting
2-64 is not permitted in a nonpartisan judicial retention election.
2-65 Sec. 291.007. POLITICAL CONTRIBUTIONS AND EXPENDITURES. A
2-66 candidate for retention of a judicial office is subject to Title 15
2-67 and shall comply with that title in the same manner as a candidate
2-68 for election to the office.
2-69 Sec. 291.008. APPLICABILITY OF OTHER PARTS OF CODE. The
3-1 other titles of this code apply to a nonpartisan judicial retention
3-2 election except provisions that are inconsistent with this title or
3-3 that cannot feasibly be applied in a retention election.
3-4 Sec. 291.009. ADDITIONAL PROCEDURES. The secretary of state
3-5 shall prescribe any additional procedures necessary for the orderly
3-6 and proper administration of elections held under this chapter.
3-7 SECTION 4. Section 1.005, Election Code, is amended by
3-8 amending Subdivisions (9) and (20) and by adding Subdivisions (25),
3-9 (26), and (27) to read as follows:
3-10 (9) "Independent candidate" means a candidate in a
3-11 nonpartisan election or a candidate in a partisan election who is
3-12 not the nominee of a political party. The term does not include a
3-13 nonpartisan judicial candidate.
3-14 (20) "Straight-party vote" means a vote by a single
3-15 mark, punch, or other action by the voter for all the nominees of
3-16 one political party, except nominees for partisan district court
3-17 offices, and for no other candidates.
3-18 (25) "Nonpartisan judicial candidate" means a
3-19 candidate in a nonpartisan judicial retention election.
3-20 (26) "Nonpartisan judicial retention election" means
3-21 an election held under Chapter 291.
3-22 (27) "Partisan district court office" means an office
3-23 listed in Section 52.092(g).
3-24 SECTION 5. Section 52.065, Election Code, is amended by
3-25 adding Subsection (f) to read as follows:
3-26 (f) Partisan district court offices shall appear on the
3-27 ballot in the same format as the other offices but under the
3-28 heading "Partisan District Court Offices" after the listing of the
3-29 other offices.
3-30 SECTION 6. Section 52.066, Election Code, is amended by
3-31 adding Subsection (e) to read as follows:
3-32 (e) Partisan district court offices shall appear on the
3-33 ballot in the same format as the other offices but under the
3-34 heading "Partisan District Court Offices" after the listing of the
3-35 other offices.
3-36 SECTION 7. Subchapter C, Chapter 52, Election Code, is
3-37 amended by adding Section 52.0661 to read as follows:
3-38 Sec. 52.0661. SEPARATE LISTING OF UNOPPOSED PARTISAN
3-39 DISTRICT COURT CANDIDATES. (a) Any unopposed candidates for
3-40 partisan district court offices shall be listed separately on the
3-41 ballot under the heading "Uncontested Partisan District Court
3-42 Races" following the contested races for those offices.
3-43 (b) In the general election for state and county officers,
3-44 the party alignment of each unopposed candidate for an office
3-45 covered by this section shall be indicated next to the candidate's
3-46 name.
3-47 (c) The secretary of state shall prescribe any procedures or
3-48 instructions necessary to implement this section.
3-49 SECTION 8. Subsection (b), Section 52.070, Election Code, is
3-50 amended to read as follows:
3-51 (b) Immediately below "OFFICIAL BALLOT[,]" and "Partisan
3-52 District Court Offices," if applicable, the following instruction
3-53 shall be printed: "Vote for the candidate of your choice in each
3-54 race by placing an 'X' in the square beside the candidate's name."
3-55 SECTION 9. Section 52.071, Election Code, is amended to read
3-56 as follows:
3-57 Sec. 52.071. VOTING SQUARE AND INSTRUCTION FOR
3-58 STRAIGHT-PARTY VOTE. (a) On a ballot on which a party column
3-59 appears in connection with offices other than partisan district
3-60 court offices, a square larger than the square prescribed by
3-61 Section 52.070(a) shall be printed to the left of each political
3-62 party's name.
3-63 (b) The following instruction shall be added to the
3-64 instruction required by Section 52.070(b) in connection with
3-65 offices other than partisan district court offices: "You may cast
3-66 a straight-party vote (that is, cast a vote for all the nominees of
3-67 one party, except nominees for partisan district court offices) by
3-68 placing an 'X' in the square beside the name of the party of your
3-69 choice. If you cast a straight-party vote [for all the nominees of
4-1 one party] and also cast a vote for an opponent of one of that
4-2 party's nominees, your vote for the opponent will be counted as
4-3 well as your vote for all the other nominees of the party for which
4-4 the straight-party vote was cast."
4-5 SECTION 10. Section 52.092, Election Code, is amended by
4-6 amending Subsections (a), (c), (d), and (g) through (j) and by
4-7 adding Subsections (k) and (l) to read as follows:
4-8 (a) For an election at which offices regularly filled at the
4-9 general election for state and county officers, including the
4-10 nonpartisan judicial retention election, are to appear on the
4-11 ballot, the offices shall be listed in the following order:
4-12 (1) offices of the federal government;
4-13 (2) offices of the state government:
4-14 (A) statewide offices;
4-15 (B) district offices;
4-16 (3) offices of the county government:
4-17 (A) county offices;
4-18 (B) precinct offices.
4-19 (c) Statewide offices of the state government shall be
4-20 listed in the following order:
4-21 (1) governor;
4-22 (2) lieutenant governor;
4-23 (3) attorney general;
4-24 (4) comptroller of public accounts;
4-25 (5) commissioner of the General Land Office;
4-26 (6) commissioner of agriculture;
4-27 (7) railroad commissioner[;]
4-28 [(8) chief justice, supreme court;]
4-29 [(9) justice, supreme court;]
4-30 [(10) presiding judge, court of criminal appeals;]
4-31 [(11) judge, court of criminal appeals].
4-32 (d) District offices of the state government shall be listed
4-33 in the following order:
4-34 (1) member, State Board of Education;
4-35 (2) state senator;
4-36 (3) state representative;
4-37 (4) [chief justice, court of appeals;]
4-38 [(5) justice, court of appeals;]
4-39 [(6) district judge;]
4-40 [(7) criminal district judge;]
4-41 [(8) family district judge;]
4-42 [(9)] district attorney;
4-43 (5) [(10)] criminal district attorney.
4-44 (g) Partisan district court offices shall be listed in the
4-45 following order:
4-46 (1) district judge;
4-47 (2) criminal district judge;
4-48 (3) family district judge.
4-49 (h) Nonpartisan judicial retention election offices shall be
4-50 listed in the following order:
4-51 (1) chief justice, supreme court;
4-52 (2) justice, supreme court;
4-53 (3) presiding judge, court of criminal appeals;
4-54 (4) judge, court of criminal appeals;
4-55 (5) chief justice, court of appeals;
4-56 (6) justice, court of appeals.
4-57 (i) If two or more offices having the same title except for
4-58 a place number or other distinguishing number are to appear on the
4-59 ballot, the number shall appear as part of the office title and the
4-60 offices shall be listed in numerical order.
4-61 (j) [(h)] The secretary of state shall assign a place number
4-62 to each position to be voted on [filled] at the nonpartisan
4-63 judicial retention [general] election for [state and county
4-64 officers for each full or unexpired term in] the following offices:
4-65 (1) justice, supreme court;
4-66 (2) judge, court of criminal appeals; and
4-67 (3) justice, court of appeals in a court having a
4-68 membership in excess of three, if distinguishing the positions to
4-69 be filled is necessary.
5-1 (k) [(i)] The secretary of state shall designate the
5-2 position of new offices on the ballot.
5-3 (l) [(j)] The office of judge of a multicounty statutory
5-4 county court created under Subchapter D, Chapter 25, Government
5-5 Code, is considered to be a county office for purposes of listing
5-6 the office on the ballot and to be a district office for all other
5-7 purposes under this code.
5-8 SECTION 11. Subsections (b) and (c), Section 65.007,
5-9 Election Code, are amended to read as follows:
5-10 (b) Except as provided by Subsection (c) or (d), each
5-11 straight-party vote shall be tallied for the party receiving the
5-12 vote instead of being tallied for the individual candidates of the
5-13 party. The total number of straight-party votes tallied for each
5-14 party shall be added to the total votes received for each of the
5-15 party nominees individually, except nominees for partisan district
5-16 court offices.
5-17 (c) If a ballot indicates a straight-party vote and a vote
5-18 for an opponent of one or more of that party's nominees, a vote
5-19 shall be counted for the opponent and for each of the party's other
5-20 nominees, except nominees for partisan district court offices,
5-21 whether or not any of those nominees have received individual
5-22 votes.
5-23 SECTION 12. Subchapter A, Chapter 124, Election Code, is
5-24 amended by amending Section 124.003 and by adding Section 124.0031
5-25 to read as follows:
5-26 Sec. 124.003. SEPARATE LISTING OF UNOPPOSED CANDIDATES[;
5-27 BLOC VOTING]. (a) Any unopposed candidates, except candidates for
5-28 partisan district court offices, may be listed separately under the
5-29 heading "Uncontested Races" on a voting system ballot or ballot
5-30 label.
5-31 (b) In an election in which the ballots indicate political
5-32 party alignment, the party alignment of the candidates listed under
5-33 the uncontested races heading shall be indicated next to the
5-34 candidate's name.
5-35 (c) Candidates listed under the uncontested races heading
5-36 may be arranged in a manner requiring voting on them as one or more
5-37 groups [blocs], but only if an additional ballot or ballot label
5-38 would otherwise be necessary to accommodate all the candidates and
5-39 propositions to be listed.
5-40 (d) The requirement that the ballot or ballot label be
5-41 arranged to permit straight-party voting does not apply to
5-42 candidates listed under the uncontested races heading.
5-43 Sec. 124.0031. SEPARATE LISTING OF UNOPPOSED PARTISAN
5-44 DISTRICT COURT CANDIDATES. Candidates listed under the uncontested
5-45 partisan district court races heading may be arranged in a manner
5-46 requiring voting on them as one or more groups, but only if an
5-47 additional ballot or ballot label would otherwise be necessary to
5-48 accommodate all the candidates and propositions to be listed.
5-49 SECTION 13. Subsection (b), Section 124.061, Election Code,
5-50 is amended to read as follows:
5-51 (b) A punch-card ballot label may comprise as many separate
5-52 sheets as are necessary to list the candidates and propositions
5-53 stating measures to be voted on in an election. If more than one
5-54 sheet is used, the first sheet of the sequence must [shall]
5-55 indicate the fact that the ballot is continued on one or more
5-56 additional sheets and must indicate the sheet on which the listing
5-57 of partisan district court offices, if any, begins. Sheets in the
5-58 same sequence may be identified by any method that will facilitate
5-59 voting or ballot processing and not confuse the voters.
5-60 SECTION 14. Subsection (a), Section 124.063, Election Code,
5-61 is amended to read as follows:
5-62 (a) An electronic system ballot on which a voter indicates a
5-63 vote by punching a hole in the ballot must contain the following
5-64 instruction if candidates are to be voted on: "Vote for the
5-65 candidate of your choice in each race by making a punch hole in the
5-66 space provided adjacent to the name of that candidate." The ballot
5-67 must contain the same instruction in conjunction with any partisan
5-68 district court offices appearing on the ballot. If a proposition
5-69 appears on the ballot, the ballot must contain the following
6-1 instruction: "Make a punch hole in the space provided beside the
6-2 statement indicating the way you desire to vote."
6-3 SECTION 15. Subsection (b), Section 145.003, Election Code,
6-4 is amended to read as follows:
6-5 (b) A candidate in the general election for state and county
6-6 officers, including the nonpartisan judicial retention election,
6-7 may be declared ineligible before the 30th day preceding election
6-8 day by:
6-9 (1) the party officer responsible for certifying the
6-10 candidate's name for placement on the general election ballot, in
6-11 the case of a candidate who is a political party's nominee; or
6-12 (2) the authority with whom the candidate's
6-13 application for a place on the ballot or declaration of candidacy
6-14 is required to be filed, in the case of an independent candidate or
6-15 a nonpartisan judicial candidate, as applicable.
6-16 SECTION 16. Subsection (a), Section 145.005, Election Code,
6-17 is amended to read as follows:
6-18 (a) If the name of a deceased or ineligible candidate
6-19 appears on the ballot [under this chapter], the votes cast for the
6-20 candidate shall be counted and entered on the official election
6-21 returns in the same manner as for the other candidates.
6-22 SECTION 17. Subsection (e), Section 172.021, Election Code,
6-23 is amended to read as follows:
6-24 (e) A candidate for an office specified by Section
6-25 172.024(a)(8) or[,] (10)[, or (12)], or for justice of the peace in
6-26 a county with a population of more than one million [850,000], who
6-27 chooses to pay the filing fee must also accompany the application
6-28 with a petition that complies with the requirements prescribed for
6-29 the petition authorized by Subsection (b), except that the minimum
6-30 number of signatures that must appear on the petition required by
6-31 this subsection is 250. If the candidate chooses to file the
6-32 petition authorized by Subsection (b) instead of the filing fee,
6-33 the minimum number of signatures required for that petition is
6-34 increased by 250. Signatures on a petition filed under this
6-35 subsection or Subsection (b) by a candidate covered by this
6-36 subsection may not be obtained on the grounds of a county
6-37 courthouse or courthouse annex.
6-38 SECTION 18. Subsection (a), Section 172.024, Election Code,
6-39 is amended to read as follows:
6-40 (a) The filing fee for a candidate for nomination in the
6-41 general primary election is as follows:
6-42 (1) United States senator ..................... $4,000
6-43 (2) office elected statewide, except United States
6-44 senator .................................... 3,000
6-45 (3) United States representative ............... 2,500
6-46 (4) state senator .............................. 1,000
6-47 (5) state representative ......................... 600
6-48 (6) member, State Board of Education ............. 250
6-49 (7) [chief justice or justice, court of appeals, other
6-50 than a justice specified by Subdivision (8)
6-51 ............................................ 1,500]
6-52 [(8) chief justice or justice of a court of appeals
6-53 that serves a court of appeals district in which a
6-54 county with a population of more than 850,000 is
6-55 wholly or partly situated .................. 2,000]
6-56 [(9)] district judge or judge specified by Section
6-57 52.092(g) [52.092(d)] for which this schedule does
6-58 not otherwise prescribe a fee .............. 1,200
6-59 (8) [(10)] district or criminal district judge of a
6-60 court in a judicial district wholly contained in a
6-61 county with a population of more than one million
6-62 [850,000] ................................... 2,000
6-63 (9) [(11)] judge, statutory county court, other than
6-64 a judge specified by Subdivision (10)
6-65 [(12)] ...................................... 1,200
6-66 (10) [(12)] judge of a statutory county court in a
6-67 county with a population of more than one million
6-68 [850,000] .................................. 2,000
6-69 (11) [(13)] district attorney, criminal district
7-1 attorney, or county attorney performing the duties
7-2 of a district attorney ..................... 1,000
7-3 (12) [(14)] county commissioner or judge,
7-4 constitutional county court:
7-5 (A) county with a population of 200,000
7-6 or more ............................... 1,000
7-7 (B) county with a population of under
7-8 200,000 ................................. 600
7-9 (13) [(15)] justice of the peace or constable:
7-10 (A) county with a population of 200,000
7-11 or more ................................. 800
7-12 (B) county with a population of under
7-13 200,000 ................................. 300
7-14 (14) [(16)] county surveyor, inspector of hides and
7-15 animals, or public weigher .................... 50
7-16 (15) [(17)] office of the county government for
7-17 which this schedule does not otherwise
7-18 prescribe a fee .............................. 600
7-19 SECTION 19. Section 202.001, Election Code, is amended to
7-20 read as follows:
7-21 Sec. 202.001. APPLICABILITY OF CHAPTER. (a) This chapter
7-22 applies to elective offices of the state and county governments
7-23 except the offices of state senator and state representative.
7-24 (b) This chapter does not apply to the office of justice or
7-25 judge of an appellate court.
7-26 SECTION 20. (a) Each appellate court justice or judge in
7-27 office January 1, 2000, unless otherwise removed as provided by
7-28 law, continues in office subject to this section.
7-29 (b) Each appellate court justice or judge who is in office
7-30 January 1, 2000, is subject to retention or rejection, in the
7-31 manner provided by law, at the general election preceding the
7-32 expiration of the regular or unexpired term for which each was
7-33 elected or appointed.
7-34 SECTION 21. This Act takes effect only if the constitutional
7-35 amendment proposed by the 76th Legislature, Regular Session, 1999,
7-36 providing for gubernatorial appointment to fill vacancies in the
7-37 offices of appellate justices and judges and for nonpartisan
7-38 retention elections for those justices and judges is adopted. If
7-39 the amendment is adopted, this Act takes effect January 1, 2000.
7-40 SECTION 22. The importance of this legislation and the
7-41 crowded condition of the calendars in both houses create an
7-42 emergency and an imperative public necessity that the
7-43 constitutional rule requiring bills to be read on three several
7-44 days in each house be suspended, and this rule is hereby suspended.
7-45 * * * * *