SRC-JBJ H.B. 59 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 59
77R366 PAM-DBy: Puente (West, Royce)
Jurisprudence
5/3/2001
Engrossed


DIGEST AND PURPOSE 

Currently, some voters may experience difficulty finding thorough
non-partisan information on candidates running for judicial offices.  H.B.
59 authorizes the secretary of state to implement a voter information
service program to compile information on candidates in judicial elections
in the form of a voter information guide and to make the guide available on
the Internet.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Title 16, Election Code, by adding Chapter 278, as
follows: 

CHAPTER 278.  VOTER INFORMATION GUIDE FOR JUDICIAL ELECTIONS

Sec. 278.001.  APPLICABILITY OF CHAPTER.  Provides that this chapter
applies to each candidate whose name is to appear on the ballot or a list
of declared write-in candidates in a judicial election.  

Sec. 278.002.  INTERNET VOTER INFORMATION GUIDE.  Authorizes the secretary
of state to implement a voter information service program to compile
information on candidates for election in the form of a voter information
guide and make the guide available to the public on the Internet.  

Sec. 278.003.  STATEMENT FILED BY CANDIDATE.  Authorizes a candidate, if
the secretary of state implements a voter information service program, to
file with the secretary not later than the 70th day before the date of the
judicial election an informational statement, on a form prescribed by the
secretary, to be included in the voter information guide for that election.
 
Sec. 278.004.  STATEMENT REQUIREMENTS.  Requires a candidate's statement to
include a summary of certain information.  Authorizes the secretary of
state to prescribe the format and length of the candidate's statement.  
 
Sec. 278.005.  REVIEW BY SECRETARY OF STATE.  Authorizes the secretary of
state, not later than the fifth day after the date the candidate's
statement is received, to review the statement to determine whether it
complies with this chapter.  Authorizes the secretary of state, if the
secretary of state determines that the statement does not comply with the
applicable requirements, to reject the statement and deliver written notice
of the reason for the rejection to the candidate not later than the second
day after the date of rejection.  Authorizes a candidate whose statement is
rejected to resubmit the statement subject to the prescribed deadline.  
 
Sec. 278.006.  PREPARATION OF GUIDE.  Authorizes the secretary of state to
contract for  the preparation of the voter information guide after
soliciting bids for that work.  Authorizes the secretary of state to
prepare the guide if the secretary determines that the costs of that
preparation are less than or equal to the most reasonable bid submitted.
Requires the voter information guide to include the candidates' statements
that comply with this chapter, with candidates for election and write-in
candidates for election as separate groups.  Provides that the order of the
candidates' names within the groups is determined by a drawing conducted by
the secretary of state.  Authorizes the secretary of state to prescribe
appropriate explanatory material to be included in the voter information
guide to assist the voters, including a statement that the guide may be
used at the polls to assist the voters in marking their ballots.  
 
Sec. 278.007.  AVAILABILITY OF GUIDE.  Authorizes the secretary of state,
if the secretary of state implements a voter information service program,
to make the voter information guide available to the public on the Internet
not later than the 45th day before the date of each judicial election.  
 
Sec. 278.008.  ADDITIONAL PROCEDURES.  Authorizes the secretary of state to
prescribe any additional procedures necessary to implement this chapter.  
 
SECTION 2.  Effective date: September 1, 2001.