SRC-JBJ S.B. 129 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 129
77R2107 GGS-DBy: Duncan
Jurisprudence
1/22/2001
As Filed
           

DIGEST AND PURPOSE 

Currently, Texas is one of the few states in which judges are elected, not
appointed.  As proposed, S.B. 129  would help reduce the partisan election
of judges by creating law regulating the retention election for nonpartisan
judicial candidates, and prohibit straight-party voting for nonpartisan
judicial candidates. 

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 Chapter 22, Government Code, by adding Subchapter E, as
follows: 

SUBCHAPTER E. APPOINTMENT AND RETENTION OF JUSTICES AND JUDGES

Sec. 22.401. APPOINTMENT AND RETENTION CYCLE. (a) Provides that in
conjunction with the last general election for state and county officers to
be held before the end of a term of office to which a justice or judge is
appointed or retained, the justice or judge is subject to retention in
accordance with Chapter 291, Election Code. 

(b) Requires the vacancy existing at the beginning of the succeeding term
to be filled in the manner prescribed by the Texas Constitution if a
justice or judge does not seek retention, or withdraws from the retention
election, as provided by Chapter 291, Election Code. 

(c) Requires the vacancy to be filled, if a vacancy occurs in the office of
a justice or judge seeking retention and the justice's or judge's name is
omitted from the retention election ballot under Chapter 291, Election
Code, in the manner prescribed by the Texas Constitution. 

Sec. 22.402. EFFECT OF RETENTION VOTE. (a) Provides that if a majority of
the votes received on the question are for the retention of the justice or
judge, the person is entitled to remain in office for a regular term of six
years beginning on the first day of the following January, unless the
person becomes ineligible or is removed as provided by law. 

(b) Provides that if less than a majority of the votes received on the
question are for retention, a vacancy in the office exists on the first day
of the following January.  Requires that vacancy to be filled in the manner
prescribed by the Texas Constitution. 

(c) Provides that if the name of a justice or judge seeking retention
appears on the retention election ballot under Chapter 291, Election Code,
although a vacancy has occurred in the office, the retention election for
that office has no effect.  Requires that vacancy to be filled in the
manner prescribed by the Texas Constitution. 

SECTION 2. Amends Section 41.002, Election Code, to require the general
election for state and county  officers, including the nonpartisan judicial
retention election, to be held on the first Tuesday after the first Monday
in November in even-numbered years. 

SECTION 3. Amends the Election Code by adding Title 17, as follows:

TITLE 17. NONPARTISAN JUDICIAL RETENTION ELECTIONS
CHAPTER 291. RETENTION ELECTIONS

Sec. 291.001. DECLARATION OF CANDIDACY. (a) Requires a justice or judge who
seeks to continue to serve in that office to file with the secretary of
state a declaration of candidacy to succeed to the next term not later than
5 p.m. on June 1 preceding the nonpartisan judicial retention election at
which the justice or judge is subject to retention or rejection. 

(b) Prohibits a declaration from being filed earlier than the 30th day
before the date of the filing deadline.  Provides that a declaration filed
by mail is considered to be filed at the time of its receipt by the
appropriate authority. 

(c) Provides that the filling of the subsequent vacancy for the office for
which a declaration of candidacy is not filed is covered by Chapter 22
(Appellate Courts), Government Code.  

Sec. 291.002. WITHDRAWAL, DEATH, OR INELIGIBILITY. (a) Provides that with
respect to withdrawal, death, or ineligibility of a candidate in a
nonpartisan judicial retention election, this section supersedes Chapter
145A to the extent of any conflict. 

(b) Prohibits a candidate from withdrawing from the retention election
after the 65th day before election day. 

(c) Requires a withdrawal request to be filed with the authority with whom
the withdrawing candidate's declaration of candidacy is required to be
filed.  

(d) Requires a candidate's name to be omitted from the retention election
ballot if the candidate withdraws, dies, or is declared ineligible on or
before the 65th day before election day. 

(e) Requires the candidate's name to be placed on the retention election
ballot if a candidate who has made a declaration of candidacy that complies
with the applicable requirements dies or is declared ineligible after the
65th day before the election day. 

(f) Provides that the filling of the subsequent vacancy for the office
following implementation of Subsection (d) or (e) is covered by Chapter 22,
Government Code. 

Sec. 291.003. CERTIFICATION OF NAMES FOR PLACEMENT ON RETENTION ELECTION
BALLOT. (a) Requires the secretary of state to certify in writing for
placement on the nonpartisan judicial retention election ballot, except as
provided by Subsection (c), the name of each candidate who files with the
secretary of state a declaration of candidacy that complies with Section
291.001. 

(b) Requires the secretary of state to deliver the certification to the
authority responsible for having the official ballot prepared in each
county in which the candidate's name is to appear on the ballot not later
than the 55th day before the election. 

(c) Prohibits a candidate's name from being certified if, before delivering
the certification, the secretary of state learns that the name is to be
omitted from the ballot under Section 291.002. 

 Sec. 291.004. RETENTION ELECTION BALLOT. Requires the name of the person
subject to retention or rejection to be submitted to the voters on the
nonpartisan judicial retention election ballot following the offices
subject to election under the heading "Retention of Nonpartisan Judicial
Offices," in substantially a certain form.  

Sec. 291.005. GENERAL PROCEDURE FOR CONDUCT OF RETENTION ELECTION. (a)
Requires the nonpartisan judicial retention election to be conducted,
except as other wise provided by this code, and canvassed, tabulated, and
reported in the manner applicable to partisan offices in the general
election for state and county officers. 

(b) Requires a certificate of election to be issued to a retained officer
in the same manner as provided for a candidate elected to the office. 

Sec. 291.006. WRITE-IN VOTING PROHIBITED. Provides that write-in voting is
not permitted in a nonpartisan judicial retention election. 

Sec. 291.007. POLITICAL CONTRIBUTIONS AND EXPENDITURES. Provides that a
candidate for retention of a judicial office is subject to Title 15.
Requires a candidate for retention of a judicial office to comply with
Title 15 in the same manner as a candidate for election to the office. 

Sec. 291.008. APPLICABILITY OF OTHER PARTS OF CODE. Provides that other
titles of this code apply to a nonpartisan judicial retention election
except provisions that are inconsistent with this title or that cannot
feasiblely be applied in a retention election. 

Sec. 291.009. ADDITIONAL PROCEDURES. Requires the secretary of state to
prescribe any additional procedures necessary for the orderly and proper
administration of elections held under this chapter. 

SECTION 4. Amends Section 1.005, Election Code, by amending Subdivisions
(9) and (20) and adding Subdivisions (25), (26), and (27), as follows: 

 (9) Redefines "independent candidate."

 (20) Redefines "straight-party vote."

 (25) Defines "nonpartisan judicial candidate."

 (26) Defines "nonpartisan judicial retention election."

 (27) Defines "partisan district court office."

SECTION 5. Amends Section 52.065, Election Code, by adding Subsection (f),
as follows: 

(f) Requires partisan district court offices to appear on the ballot in the
same format as other offices but under a certain heading after the listing
of the other offices. 

SECTION 6. Amends Section 52.066, Election Code, by adding Subsection (e),
to make a conforming change. 

SECTION 7. Amends Chapter 52C, Election Code, by adding Section 52.0661, as
follows: 

Sec. 52.0661. SEPARATE LISTING OF UNOPPOSED PARTISAN DISTRICT COURT
CANDIDATES. (a) Requires any unopposed candidate for partisan district
court offices to be listed separately on the ballot under a certain heading
following the contested races for those  offices. 

(b) Requires that in the general election for state and county officers,
the party alignment of each unopposed candidate for an office covered by
this section to be indicated next to the candidate's name. 

(c) Requires the secretary of state to prescribe any procedures or
instructions necessary to implement this section. 
 
SECTION 8. Amends Section 52.070(b), Election Code, to require certain
instructions to be printed immediately below "Official Ballot" and
"Partisan District Court Offices." 

SECTION 9. Amends Section 52.071, Election Code, as follows:

(a) Requires, on a ballot on which a party column appears in connection
with offices other than partisan district court offices, a square larger
than the square prescribed by Section 52.070(a) to be printed to the left
of each political party's name. 

(b) Requires certain instructions to be added to the instructions required
by Section 52.070(b) in connection with offices other than partisan
district court offices.  Makes conforming and nonsubstantive changes. 

SECTION 10. Amends Section 52.092, Election Code, by amending Subsection
(a), (c), (d), and (g) through (j), and adding Subsections (k) and (l), as
follows: 

(a) Requires, for an election at which offices regularly filled at the
general election for state and county officers, including the nonpartisan
judicial retention election, are to appear on the ballot, the offices to be
listed in a certain order. 

 (c) Deletes existing text pertaining to the listing of statewide judicial
offices. 

 (d) Deletes existing text pertaining to the listing of district judicial
offices. 

 (g) Requires partisan district court offices to be listed in a certain
order. 

 (h) Requires nonpartisan judicial retention election offices to be listed
in a certain order. 

 (i) Redesignates Subsection (g) as Subsection (i).

(j) Requires the secretary of state to assign a place number to each
position to be voted on, rather than filled, at the nonpartisan judicial
retention, rather than general, election for certain offices. Deletes
existing text pertaining to state and county officers. 

 Redesignates Subsections (h)-(j) to Subsections (j)-(l).

SECTION 11. Amends Section 65.007(b) and (c), Election Code, to make
conforming changes. 

SECTION 12. Amends Chapter 124A, Election Code, by amending Section
124.003, and adding Section 124.0031, as follows: 

Sec. 124.003. New heading: SEPARATE LISTING OF UNOPPOSED CANDIDATES.   (a)
Makes a conforming change. 

(c) Authorizes candidates listed under the uncontested races heading to be
arranged in a manner requiring voting on them as one or more groups, rather
than blocs, but only if  certain conditions are present. 

Sec. 124.0031. SEPARATE LISTING OF UNOPPOSED PARTISAN DISTRICT COURT
CANDIDATES. Authorizes candidates listed under the uncontested partisan
district court races heading to be arranged in a manner requiring voting on
them as one or more groups, but only if an additional ballot or ballot
label would otherwise be necessary to accommodate all the candidates and
propositions to be listed. 

SECTION 13. Amends Section 124.061(b), Election Code, to require the first
sheet of the sequence, if more than one sheet is used, to indicate the
sheet on which the listing of partisan district court offices, if any,
begins. 

SECTION 14. Amends Section 124.063(a), Election Code, to require the ballot
to contain the same instruction in conjunction with any partisan district
court offices appearing on the ballot. 

SECTION 15. Amends Section 145.003(b), Election Code, to make conforming
changes. 

SECTION 16. Amends Section 145.005(a), Election Code, to delete existing
text pertaining to the scope of this subsection. 

SECTION 17. Amends Section 172.021(e), Election Code, to delete existing
text referencing Section 172.024(a)(12).  Requires a candidate for an
office specified by certain sections or for justice of the peace in a
county with a population of more than one million, rather than 850,000, who
chooses to pay the filing fee to also accompany the application with
certain items. 

SECTION 18. Amends Section 172.024(a), Election Code, to delete existing
text pertaining to fees. Makes conforming changes.  

SECTION 19. Amends Section 202.001, Election Code, to provide that this
chapter does not apply to the office of justice or judge of an appellate
court. 

SECTION 20. (a) Provides that each appellate court justice or judge in
office January 1, 2002, unless otherwise removed as provided by law,
continues in office subject to this section. 

(b) Provides that each appellate court justice or judge who is in office
January 1, 2002, is subject to retention or rejection, in the manner
provided by law, at the general election preceding the expiration of the
regular or unexpired term for which each was elected or appointed. 

SECTION 12. Effective date: January 1, 2002.  
Makes application of this Act contingent upon adoption of the
constitutional amendment proposed by the 77th Legislature, Regular Session,
2001, providing for gubernatorial appointment to fill vacancies in offices
of appellate justices and judges and for nonpartisan retention elections
for those justices and judges.