By Gallego H.B. No. 4
77R128 ESH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to nonpartisan elections for statewide judicial office, to
1-3 the regulation of political contributions and expenditures in
1-4 connection with statewide judicial office, and to the public
1-5 financing of campaigns for statewide judicial office; providing
1-6 civil and criminal penalties.
1-7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-8 ARTICLE 1. NONPARTISAN ELECTIONS FOR STATEWIDE
1-9 JUDICIAL OFFICE
1-10 SECTION 1.01. The Election Code is amended by adding Title
1-11 17 to read as follows:
1-12 TITLE 17. NONPARTISAN ELECTIONS FOR STATEWIDE
1-13 JUDICIAL OFFICE
1-14 CHAPTER 291. NONPARTISAN JUDICIAL ELECTION
1-15 SUBCHAPTER A. NONPARTISAN ELECTION OF JUDGES GENERALLY
1-16 Sec. 291.001. APPLICABILITY OF CHAPTER. (a) This chapter
1-17 applies only to the offices of:
1-18 (1) chief justice and justice, supreme court; and
1-19 (2) presiding judge and judge, court of criminal
1-20 appeals.
1-21 (b) A justice or judge is subject to nonpartisan election in
1-22 accordance with this chapter at the last nonpartisan judicial
1-23 general election to be held before the date the justice's or
1-24 judge's term expires.
2-1 Sec. 291.002. PARTY NOMINATION PROHIBITED. Nomination for a
2-2 nonpartisan judicial office by a political party is prohibited.
2-3 Sec. 291.003. APPLICABILITY OF OTHER PARTS OF CODE. The
2-4 other titles of this code apply to a nonpartisan judicial election
2-5 except provisions that are inconsistent with this title or that
2-6 cannot feasibly be applied in a nonpartisan judicial election.
2-7 Sec. 291.004. ADDITIONAL PROCEDURES. The secretary of state
2-8 shall prescribe any additional procedures necessary for the orderly
2-9 and proper administration of elections held under this chapter.
2-10 (Sections 291.005-291.020 reserved for expansion)
2-11 SUBCHAPTER B. APPLICATION FOR PLACE ON BALLOT
2-12 Sec. 291.021. APPLICATION REQUIRED. (a) To be entitled to
2-13 a place on the nonpartisan judicial election ballot, a candidate
2-14 must make an application for a place on the ballot.
2-15 (b) An application must, in addition to complying with
2-16 Section 141.031, be accompanied by the appropriate filing fee or,
2-17 instead of the filing fee, a petition that satisfies the
2-18 requirements prescribed by Section 141.062.
2-19 (c) An application filed by mail is considered to be filed
2-20 at the time of its receipt by the secretary of state.
2-21 Sec. 291.022. AUTHORITY WITH WHOM APPLICATION FILED. An
2-22 application for a place on the nonpartisan judicial election ballot
2-23 must be filed with the secretary of state.
2-24 Sec. 291.023. REGULAR FILING DEADLINE. (a) An application
2-25 for a place on the nonpartisan judicial election ballot must be
2-26 filed not later than 5 p.m. of the 120th day before election day,
2-27 except as provided by Sections 291.053 and 202.008.
3-1 (b) An application may not be filed earlier than the 30th
3-2 day before the date of the regular filing deadline.
3-3 Sec. 291.024. FILING FEE. (a) The filing fee for a
3-4 nonpartisan judicial candidate is $3,000.
3-5 (b) A filing fee received by the secretary of state shall be
3-6 deposited in the state treasury to the credit of the general
3-7 revenue fund.
3-8 Sec. 291.025. NUMBER OF PETITION SIGNATURES REQUIRED. The
3-9 petition required by Section 291.021 must be signed by at least
3-10 5,000 registered voters in this state.
3-11 Sec. 291.026. STATEMENT ON PETITION. The following
3-12 statement must appear at the top of each page of a petition to be
3-13 filed under Section 291.021: "I know that the purpose of this
3-14 petition is to entitle (insert candidate's name) to have his or her
3-15 name placed on the ballot for the office of (insert office title,
3-16 including any place number) for the nonpartisan judicial election."
3-17 Sec. 291.027. CERTIFICATION OF NAMES FOR PLACEMENT ON
3-18 NONPARTISAN JUDICIAL GENERAL ELECTION BALLOT. (a) Except as
3-19 provided by Subsection (c), the secretary of state shall certify in
3-20 writing for placement on the nonpartisan judicial general election
3-21 ballot the name of each candidate who files with the secretary an
3-22 application that complies with Section 291.021(b).
3-23 (b) Not later than the 55th day before election day, the
3-24 secretary of state shall deliver the certification to the authority
3-25 responsible for having the official ballot prepared in each county
3-26 in which the candidate's name is to appear on the ballot.
3-27 (c) A candidate's name may not be certified:
4-1 (1) if, before delivering the certification, the
4-2 secretary of state learns that the name is to be omitted from the
4-3 ballot under Section 291.054; or
4-4 (2) for an office for which the candidate's
4-5 application is invalid under Section 141.033.
4-6 (Sections 291.028-291.050 reserved for expansion)
4-7 SUBCHAPTER C. WITHDRAWAL, DEATH, AND INELIGIBILITY
4-8 OF CANDIDATE
4-9 Sec. 291.051. WITHDRAWAL, DEATH, OR INELIGIBILITY GENERALLY.
4-10 With respect to withdrawal, death, or ineligibility of a candidate
4-11 in a nonpartisan judicial election, this subchapter supersedes
4-12 Subchapter A, Chapter 145, to the extent of any conflict.
4-13 Sec. 291.052. WITHDRAWAL FROM NONPARTISAN JUDICIAL GENERAL
4-14 ELECTION. (a) A candidate may not withdraw from the nonpartisan
4-15 judicial general election after the 65th day before election day.
4-16 (b) A withdrawal request must be filed with the secretary of
4-17 state.
4-18 Sec. 291.053. EXTENDED FILING DEADLINE. (a) The deadline
4-19 for filing an application for a place on the nonpartisan judicial
4-20 general election ballot is extended as provided by this section if
4-21 a candidate who has made an application that complies with the
4-22 applicable requirements:
4-23 (1) dies on or after the fifth day before the date of
4-24 the regular filing deadline and on or before the 65th day before
4-25 election day;
4-26 (2) holds the office for which the application was
4-27 made and withdraws or is declared ineligible on or after the date
5-1 of the regular filing deadline and on or before the 65th day before
5-2 election day; or
5-3 (3) withdraws or is declared ineligible during the
5-4 period prescribed by Subdivision (2), and at the time of the
5-5 withdrawal or declaration of ineligibility no other candidate has
5-6 made an application that complies with the applicable requirements
5-7 for the office sought by the withdrawn or ineligible candidate.
5-8 (b) An application for an office sought by a withdrawn,
5-9 deceased, or ineligible candidate must be filed not later than 5
5-10 p.m. of the 60th day before election day.
5-11 (c) If the deadline for filing applications is extended,
5-12 notice of the extended filing shall be given in the same manner as
5-13 provided under Section 172.055 for a primary election.
5-14 Sec. 291.054. WITHDRAWN, DECEASED, OR INELIGIBLE CANDIDATE'S
5-15 NAME OMITTED FROM NONPARTISAN JUDICIAL GENERAL ELECTION BALLOT. A
5-16 candidate's name shall be omitted from the nonpartisan judicial
5-17 general election ballot if the candidate withdraws, dies, or is
5-18 declared ineligible on or before the 65th day before election day.
5-19 Sec. 291.055. DECEASED OR INELIGIBLE CANDIDATE'S NAME TO
5-20 APPEAR ON NONPARTISAN JUDICIAL GENERAL ELECTION BALLOT. If a
5-21 candidate who has made an application for a place on the
5-22 nonpartisan judicial general election ballot that complies with the
5-23 applicable requirements dies or is declared ineligible after the
5-24 65th day before election day, the candidate's name shall be placed
5-25 on the nonpartisan judicial general election ballot.
5-26 (Sections 291.056-291.070 reserved for expansion)
5-27 SUBCHAPTER D. CONDUCT OF ELECTION
6-1 Sec. 291.071. NONPARTISAN JUDICIAL ELECTION BALLOT. The
6-2 nonpartisan judicial offices and candidates shall be listed as a
6-3 separate ballot on the general election ballot following the
6-4 partisan offices under the heading "Election For Nonpartisan
6-5 Judicial Offices."
6-6 Sec. 291.072. GENERAL PROCEDURE FOR CONDUCT OF NONPARTISAN
6-7 JUDICIAL ELECTION. Except as otherwise provided by this code, the
6-8 nonpartisan judicial election shall be conducted and the results
6-9 canvassed, tabulated, and reported in the manner applicable to
6-10 partisan offices in the general election for state and county
6-11 officers.
6-12 SECTION 1.02. Section 1.005, Election Code, is amended by
6-13 amending Subdivision (9) and by adding Subdivisions (25) and (26)
6-14 to read as follows:
6-15 (9) "Independent candidate" means a candidate in a
6-16 nonpartisan election or a candidate in a partisan election who is
6-17 not the nominee of a political party. The term does not include a
6-18 nonpartisan judicial candidate.
6-19 (25) "Nonpartisan judicial candidate" means a
6-20 candidate in a nonpartisan judicial election.
6-21 (26) "Nonpartisan judicial election" means an election
6-22 held under Chapter 291.
6-23 SECTION 1.03. Section 41.002, Election Code, is amended to
6-24 read as follows:
6-25 Sec. 41.002. GENERAL ELECTION FOR STATE AND COUNTY OFFICERS.
6-26 The general election for state and county officers, including the
6-27 nonpartisan judicial general election, shall be held on the first
7-1 Tuesday after the first Monday in November in even-numbered years.
7-2 SECTION 1.04. Section 52.092, Election Code, is amended by
7-3 amending Subsections (a), (c), and (g)-(j) and by adding
7-4 Subsections (k) and (l) to read as follows:
7-5 (a) For an election at which offices regularly filled at the
7-6 general election for state and county officers, including the
7-7 nonpartisan judicial election, are to appear on the ballot, the
7-8 offices shall be listed in the following order:
7-9 (1) offices of the federal government;
7-10 (2) offices of the state government:
7-11 (A) statewide offices;
7-12 (B) district offices;
7-13 (3) offices of the county government:
7-14 (A) county offices;
7-15 (B) precinct offices.
7-16 (c) Statewide offices of the state government shall be
7-17 listed in the following order:
7-18 (1) governor;
7-19 (2) lieutenant governor;
7-20 (3) attorney general;
7-21 (4) comptroller [of public accounts];
7-22 (5) commissioner of the General Land Office;
7-23 (6) commissioner of agriculture;
7-24 (7) railroad commissioner[;]
7-25 [(8) chief justice, supreme court;]
7-26 [(9) justice, supreme court;]
7-27 [(10) presiding judge, court of criminal appeals;]
8-1 [(11) judge, court of criminal appeals].
8-2 (g) The nonpartisan judicial offices shall be listed in the
8-3 following order:
8-4 (1) chief justice, supreme court;
8-5 (2) justice, supreme court;
8-6 (3) presiding judge, court of criminal appeals;
8-7 (4) judge, court of criminal appeals.
8-8 (h) If two or more offices having the same title except for
8-9 a place number or other distinguishing number are to appear on the
8-10 ballot, the number shall appear as part of the office title and the
8-11 offices shall be listed in numerical order.
8-12 (i) [(h)] The secretary of state shall assign a place number
8-13 to each position to be filled at the nonpartisan judicial [general]
8-14 election [for state and county officers] for each full or unexpired
8-15 term in the following offices:
8-16 (1) justice, supreme court; and
8-17 (2) judge, court of criminal appeals.
8-18 (j) The secretary of state shall assign a place number to
8-19 each position to be filled at the general election for state and
8-20 county officers for each full or unexpired term in the office of [;
8-21 and]
8-22 [(3)] justice, court of appeals, in a court having a
8-23 membership in excess of three, if distinguishing the positions to
8-24 be filled is necessary.
8-25 (k) [(i)] The secretary of state shall designate the
8-26 position of new offices on the ballot.
8-27 (l) [(j)] The office of judge of a multicounty statutory
9-1 county court created under Subchapter D, Chapter 25, Government
9-2 Code, is considered to be a county office for purposes of listing
9-3 the office on the ballot and to be a district office for all other
9-4 purposes under this code.
9-5 SECTION 1.05. Section 141.001(a), Election Code, is amended
9-6 to read as follows:
9-7 (a) To be eligible to be a candidate for, or elected or
9-8 appointed to, a public elective office in this state, a person
9-9 must:
9-10 (1) be a United States citizen;
9-11 (2) be 18 years of age or older on the first day of
9-12 the term to be filled at the election or on the date of
9-13 appointment, as applicable;
9-14 (3) have not been determined mentally incompetent by a
9-15 final judgment of a court;
9-16 (4) have not been finally convicted of a felony from
9-17 which the person has not been pardoned or otherwise released from
9-18 the resulting disabilities;
9-19 (5) have resided continuously in the state for 12
9-20 months and in the territory from which the office is elected for
9-21 six months immediately preceding the following date:
9-22 (A) for a candidate whose name is to appear on a
9-23 general primary election ballot, the date of the regular filing
9-24 deadline for a candidate's application for a place on the ballot;
9-25 (B) for an independent candidate or a
9-26 nonpartisan judicial candidate, the date of the regular filing
9-27 deadline for a candidate's application for a place on the ballot;
10-1 (C) for a write-in candidate, the date of the
10-2 election at which the candidate's name is written in;
10-3 (D) for a party nominee who is nominated by any
10-4 method other than by primary election, the date the nomination is
10-5 made; and
10-6 (E) for an appointee to an office, the date the
10-7 appointment is made; and
10-8 (6) satisfy any other eligibility requirements
10-9 prescribed by law for the office.
10-10 SECTION 1.06. Section 145.003(b), Election Code, is amended
10-11 to read as follows:
10-12 (b) A candidate in the general election for state and county
10-13 officers, including the nonpartisan judicial general election, may
10-14 be declared ineligible before the 30th day preceding election day
10-15 by:
10-16 (1) the party officer responsible for certifying the
10-17 candidate's name for placement on the general election ballot, in
10-18 the case of a candidate who is a political party's nominee; or
10-19 (2) the authority with whom the candidate's
10-20 application for a place on the ballot is required to be filed, in
10-21 the case of an independent candidate or a nonpartisan judicial
10-22 candidate, as applicable.
10-23 SECTION 1.07. Section 145.005(a), Election Code, is amended
10-24 to read as follows:
10-25 (a) If the name of a deceased or ineligible candidate
10-26 appears on the ballot [under this chapter], the votes cast for the
10-27 candidate shall be counted and entered on the official election
11-1 returns in the same manner as for the other candidates.
11-2 SECTION 1.08. Section 146.021, Election Code, is amended to
11-3 read as follows:
11-4 Sec. 146.021. APPLICABILITY OF SUBCHAPTER. This subchapter
11-5 applies to a write-in candidate for an office that is to be voted
11-6 on at the general election for state and county officers, including
11-7 the nonpartisan judicial general election.
11-8 SECTION 1.09. Chapter 202, Election Code, is amended by
11-9 amending Section 202.002 and by adding Section 202.008 to read as
11-10 follows:
11-11 Sec. 202.002. VACANCY FILLED AT GENERAL ELECTION. (a) If a
11-12 vacancy occurs on or before the 65th day before the date of the
11-13 general election for state and county officers, including the
11-14 nonpartisan judicial general election, held in the next-to-last
11-15 even-numbered year of a term of office, the remainder of the
11-16 unexpired term shall be filled at the next such general election
11-17 [for state and county officers], as provided by this chapter.
11-18 (b) If a vacancy occurs after the 65th day before the
11-19 applicable [a] general election day, an election for the unexpired
11-20 term may not be held at that general election. The appointment to
11-21 fill the vacancy continues until the next succeeding applicable
11-22 general election and until a successor has been elected and has
11-23 qualified for the office.
11-24 Sec. 202.008. FILING DEADLINE FOR APPLICATION OF NONPARTISAN
11-25 JUDICIAL CANDIDATE. (a) If a vacancy in a nonpartisan judicial
11-26 office occurs on or before the 10th day before the date of the
11-27 regular deadline for filing an application for a place on the
12-1 nonpartisan judicial general election ballot, an application for
12-2 the unexpired term must be filed by the regular filing deadline.
12-3 (b) If the vacancy occurs after the 10th day before the date
12-4 of the regular filing deadline, an application for the unexpired
12-5 term must be filed not later than 5 p.m. of the 15th day after the
12-6 date the vacancy occurs or 5 p.m. of the 60th day before election
12-7 day, whichever is earlier.
12-8 (c) The filing fee and petition requirements for a candidate
12-9 for an unexpired term are the same as for a candidate for a full
12-10 term.
12-11 SECTION 1.10. Each justice or judge holding a statewide
12-12 judicial office on September 1, 2001, unless otherwise removed as
12-13 provided by law, continues in office for the term to which elected
12-14 or for the period for which appointed, as applicable.
12-15 ARTICLE 2. CAMPAIGN FINANCE FOR STATEWIDE
12-16 JUDICIAL OFFICE
12-17 SECTION 2.01. Title 15, Election Code, is amended by adding
12-18 Chapter 259 to read as follows:
12-19 CHAPTER 259. PUBLIC FINANCING OF STATEWIDE JUDICIAL CAMPAIGNS
12-20 SUBCHAPTER A. GENERAL PROVISIONS
12-21 Sec. 259.001. APPLICABILITY OF CHAPTER. This chapter
12-22 applies only to the offices of:
12-23 (1) chief justice and justice, supreme court; and
12-24 (2) presiding judge and judge, court of criminal
12-25 appeals.
12-26 Sec. 259.002. DEFINITION. In this chapter, "fund" means the
12-27 judicial campaign financing fund established under Subchapter C.
13-1 Sec. 259.003. EFFECT OF ACCEPTING PUBLIC MONEY. By
13-2 accepting money from the fund, a candidate agrees to not accept
13-3 political contributions not authorized by this chapter.
13-4 (Sections 259.004-259.010 reserved for expansion)
13-5 SUBCHAPTER B. ELIGIBILITY FOR PUBLIC FINANCING
13-6 Sec. 259.011. REQUIREMENTS FOR ELIGIBILITY GENERALLY. To be
13-7 eligible to receive public financing under this chapter, a
13-8 candidate for an office covered by this chapter must:
13-9 (1) file with the commission a petition that satisfies
13-10 the requirements prescribed by:
13-11 (A) Section 141.062, as if the petition were a
13-12 petition filed in connection with a candidate's application for a
13-13 place on the ballot; and
13-14 (B) Section 259.013; and
13-15 (2) receive political contributions in the amount and
13-16 within the period prescribed by Section 259.014.
13-17 Sec. 259.012. CERTIFICATION OF CANDIDATE AS CONDITIONALLY
13-18 ELIGIBLE. (a) Not later than the fifth day after the date an
13-19 application for a place on the nonpartisan judicial election ballot
13-20 is required to be filed, the secretary of state shall certify in
13-21 writing to the commission each person who is a candidate for an
13-22 office covered by this chapter as conditionally eligible for public
13-23 financing.
13-24 (b) Not later than the fifth day after the date the
13-25 secretary of state certifies a candidate for placement on the list
13-26 of write-in candidates as a candidate for an office covered by this
13-27 chapter, the secretary shall certify the candidate in writing to
14-1 the commission as conditionally eligible for public financing.
14-2 (c) The secretary of state shall deliver a copy of a
14-3 certification under this section to the affected candidate.
14-4 Sec. 259.013. PETITION REQUIREMENTS. (a) A petition in
14-5 connection with a request for public financing must be signed by at
14-6 least 1,000 registered voters in this state, at least 500 of whom
14-7 are licensed to practice law in this state. Not more than 20
14-8 percent of the signers may be residents of the same county. A
14-9 person may not sign a petition for more than one candidate for the
14-10 same office.
14-11 (b) The signatures of persons who are licensed to practice
14-12 law in this state must:
14-13 (1) be on sheets that are separate from the signatures
14-14 of other persons; and
14-15 (2) be accompanied by the person's State Bar of Texas
14-16 registration number.
14-17 (c) A person who signs a petition under this section must,
14-18 at the time of signing, make a political contribution to the
14-19 candidate of at least $5 and not more than $100. A political
14-20 contribution accepted under this subsection must be in the form of
14-21 cash or a check.
14-22 (d) A candidate requesting public financing under this
14-23 chapter must file the petition with the commission not later than
14-24 the applicable deadline for filing an application for a place on
14-25 the nonpartisan judicial election ballot or a declaration of
14-26 write-in candidacy.
14-27 (e) The circulation of a petition to be filed under this
15-1 subchapter in connection with a candidate's request for public
15-2 financing does not constitute candidacy or an announcement of
15-3 candidacy for purposes of the automatic resignation provisions of
15-4 Section 65, Article XVI, or Section 11, Article XI, Texas
15-5 Constitution.
15-6 Sec. 259.014. REQUIRED CAMPAIGN CONTRIBUTIONS. (a) A
15-7 candidate for an office covered by this chapter must accept and
15-8 receive at least $30,000 in political contributions during the
15-9 period:
15-10 (1) beginning on the 120th day before the date an
15-11 application for a place on the nonpartisan judicial election ballot
15-12 is required to be filed; and
15-13 (2) ending on the June 30 preceding the date an
15-14 application for a place on the nonpartisan judicial election ballot
15-15 is required to be filed.
15-16 (b) A candidate for an office covered by this chapter may
15-17 not accept a political contribution from a person during the period
15-18 prescribed by Subsection (a) that, when aggregated with all
15-19 political contributions accepted by the candidate from the person
15-20 during that period, would exceed $100. A candidate who receives a
15-21 political contribution that would, if accepted, violate this
15-22 subsection, shall return the contribution not later than the fifth
15-23 day after the date the contribution is received.
15-24 (c) A political contribution accepted under this section
15-25 must be in the form of cash or a check.
15-26 (d) Not later than the fifth day after the date prescribed
15-27 by Subsection (a)(2), a candidate who received more than $30,000 in
16-1 political contributions under this section shall deliver to the
16-2 commission an amount equal to the difference between the amount of
16-3 political contributions received and $30,000. The commission shall
16-4 deliver money received under this subsection to the comptroller for
16-5 deposit in the fund.
16-6 (e) Notwithstanding Section 254.034, a candidate who is
16-7 requesting public financing and who accepts a political
16-8 contribution under this section but who does not receive the
16-9 contribution until after the date prescribed by Subsection (a)(2)
16-10 shall return the contribution to the contributor not later than the
16-11 fifth day after the date the candidate receives the contribution.
16-12 (f) Section 253.1571 does not apply to a political
16-13 contribution accepted under this section.
16-14 Sec. 259.015. CERTIFICATION OF CANDIDATE AS ELIGIBLE. (a)
16-15 Not later than the fifth day after the date the commission
16-16 determines a candidate is eligible, the commission shall certify to
16-17 the comptroller as eligible for public financing each candidate
16-18 who:
16-19 (1) is certified to the commission as conditionally
16-20 eligible; and
16-21 (2) meets the requirements prescribed by Section
16-22 259.011.
16-23 (b) A determination as to whether a candidate meets the
16-24 requirements prescribed by Section 259.014 must be based on reports
16-25 of political contributions and expenditures filed under Chapter
16-26 254. The commission is not required to make a determination as to
16-27 whether a candidate is eligible until the candidate makes a written
17-1 request for a determination. The commission shall make a
17-2 determination not later than the 15th day after the later of:
17-3 (1) the date the commission receives the request for a
17-4 determination; or
17-5 (2) the date the candidate files a report under
17-6 Chapter 254 covering the period prescribed by Section 259.014.
17-7 (c) The commission shall deliver a copy of a certification
17-8 under this section to the affected candidate.
17-9 Sec. 259.016. VERIFICATION OF PETITION. (a) The commission
17-10 is not required to verify a petition filed under Section 259.013
17-11 unless, not later than the 10th day after the date a petition is
17-12 required to be filed under Section 259.013, a person alleges to the
17-13 commission in writing that the petition does not meet the
17-14 requirements prescribed by Sections 141.062 and 259.013.
17-15 (b) The commission shall verify a petition as promptly as
17-16 possible after receiving an allegation under Subsection (a).
17-17 Pending verification, the commission may not certify the candidate
17-18 to the comptroller as eligible for public financing.
17-19 (c) On request of the commission:
17-20 (1) a voter registrar shall verify the voter
17-21 registration status of a signer of a petition filed with the
17-22 commission who the petition indicates is registered or has been
17-23 approved for registration in the county served by the registrar;
17-24 and
17-25 (2) the clerk of the supreme court shall verify the
17-26 membership status of a signer of a petition filed with the
17-27 commission who the petition indicates is licensed to practice law
18-1 in this state.
18-2 (d) If the commission verifies that the petition meets the
18-3 requirements prescribed by Sections 141.062 and 259.013:
18-4 (1) the commission shall certify the candidate to the
18-5 comptroller as eligible for public financing; and
18-6 (2) the comptroller shall distribute to the candidate
18-7 from the fund any money to which the candidate would have been
18-8 entitled if the candidate had been eligible during the period in
18-9 which the verification was pending.
18-10 (Sections 259.017-259.050 reserved for expansion
18-11 SUBCHAPTER C. JUDICIAL CAMPAIGN FINANCING FUND
18-12 Sec. 259.051. JUDICIAL CAMPAIGN FINANCING FUND. (a) The
18-13 judicial campaign financing fund is in the state treasury.
18-14 (b) The fund consists of:
18-15 (1) amounts transferred to the fund under Subsection
18-16 (c);
18-17 (2) amounts refunded to the fund under Section 259.055
18-18 or 259.056;
18-19 (3) amounts paid to the commission under Section
18-20 259.014(d);
18-21 (4) amounts appropriated to the fund; and
18-22 (5) amounts received by the commission or comptroller
18-23 as a gift or grant to the fund.
18-24 (c) Each even-numbered calendar year, the comptroller shall
18-25 transfer to the fund from the general revenue fund amounts that in
18-26 the aggregate equal the amount of attorney occupation taxes, not
18-27 including penalties or interest, collected under Subchapter H,
19-1 Chapter 191, Tax Code, in that calendar year and the preceding
19-2 calendar year. The comptroller shall make the transfers as
19-3 necessary to permit the comptroller to make the distributions
19-4 required by Section 259.053.
19-5 (d) For a person to be eligible to receive public financing,
19-6 the commission must certify to the comptroller that the person is
19-7 eligible as provided by Section 259.015.
19-8 (e) Money in the fund may be used for preparation of a voter
19-9 information pamphlet as provided by Subchapter E.
19-10 Sec. 259.052. FUNDS FOR ELIGIBLE CANDIDATES. (a) In
19-11 connection with each nonpartisan judicial election, the commission
19-12 shall, not later than the 90th day before the date an application
19-13 for a place on the nonpartisan judicial election ballot is
19-14 required to be filed, adopt rules prescribing the total amount of
19-15 public financing to which a candidate for an office covered by
19-16 this chapter is entitled.
19-17 (b) The commission shall determine the amount under
19-18 Subsection (a) based on:
19-19 (1) the comptroller's certification as to the amount
19-20 that will be available in the fund for the calendar year in which
19-21 the election occurs; and
19-22 (2) the secretary of state's estimation, based on
19-23 previous elections, of the number of candidates for offices covered
19-24 by this chapter.
19-25 (c) The commission shall prescribe identical amounts under
19-26 Subsection (a) for candidates for chief justice, supreme court,
19-27 and presiding judge, court of criminal appeals. The commission
20-1 shall prescribe identical amounts under Subsection (a) for
20-2 candidates for justice, supreme court, and judge, court of criminal
20-3 appeals. The amounts for chief justice or presiding judge must be
20-4 greater than the amounts for justice or judge.
20-5 (d) The rules adopted under Subsection (a) must specify the
20-6 amount of each monthly distribution from the fund. The amount of
20-7 any monthly distribution may not be substantially greater than the
20-8 amount of any other monthly distribution.
20-9 Sec. 259.053. DISTRIBUTIONS FROM FUND. (a) A certified
20-10 candidate is entitled to a distribution from the fund each month
20-11 during the period:
20-12 (1) beginning on the date an application for a place
20-13 on the nonpartisan judicial election ballot is required to be
20-14 filed; and
20-15 (2) ending on the 30th day after the date of:
20-16 (A) the nonpartisan judicial general election,
20-17 if the candidate has an opponent in the nonpartisan judicial
20-18 general election; or
20-19 (B) except as provided by Subsection (b), the
20-20 date an application for a place on the nonpartisan judicial
20-21 election ballot is required to be filed, if the candidate does not
20-22 have an opponent in the nonpartisan judicial general election.
20-23 (b) Notwithstanding Subsection (a)(2), after a person files
20-24 a declaration of write-in candidacy opposing a certified candidate
20-25 who does not have an opponent in the nonpartisan judicial general
20-26 election, the certified candidate is entitled to an amount equal to
20-27 10 percent of each distribution from the fund scheduled to be made
21-1 after the date the candidate's opponent files the declaration of
21-2 write-in candidacy.
21-3 (c) The comptroller shall distribute money to certified
21-4 candidates as directed by the commission. If the amount in the
21-5 fund is insufficient to provide the amounts specified by Section
21-6 259.052, the comptroller shall determine the amount of available
21-7 money and shall distribute the amount on a pro rata basis.
21-8 Sec. 259.054. RESTRICTIONS ON USE OF MONEY FROM FUND. (a)
21-9 Money accepted by a candidate from the fund is considered to be a
21-10 campaign contribution to the candidate. Except as otherwise
21-11 provided by this chapter, the provisions of this title regulating
21-12 the use of political contributions apply to money accepted by a
21-13 candidate from the fund.
21-14 (b) A candidate may use money accepted from the fund only
21-15 for expenses related to the candidate's campaign for election. A
21-16 candidate may not use money accepted from the fund to make a
21-17 political contribution to another candidate or a political
21-18 committee.
21-19 (c) A candidate who uses money from the fund in violation of
21-20 Subsection (b):
21-21 (1) is not eligible for any additional money from the
21-22 fund; and
21-23 (2) is liable for a civil penalty not to exceed three
21-24 times the amount of the money used in violation of Subsection (b).
21-25 Sec. 259.055. REFUND OF UNEXPENDED AMOUNTS. (a) After the
21-26 nonpartisan judicial general election, a candidate shall refund
21-27 amounts accepted from the fund that have not been expended or
22-1 contractually obligated.
22-2 (b) A candidate shall make a refund under this section to
22-3 the comptroller not later than the 30th day after the date of the
22-4 nonpartisan judicial general election. The comptroller shall
22-5 deposit refunds received under this section to the credit of the
22-6 fund.
22-7 (c) A person who violates this section is liable for a civil
22-8 penalty not to exceed three times the amount of money required to
22-9 be refunded that was not refunded as required by this section.
22-10 Sec. 259.056. WITHDRAWAL OR INELIGIBILITY OF CANDIDATE.
22-11 (a) A candidate who withdraws from an election or is declared
22-12 ineligible shall refund amounts accepted from the fund that have
22-13 not been expended or contractually obligated. The candidate shall
22-14 refund those amounts to the comptroller not later than the 10th day
22-15 after the date the candidate withdraws or is declared ineligible.
22-16 The comptroller shall deposit refunds received under this section
22-17 to the credit of the fund.
22-18 (b) A person who violates this section is liable for a civil
22-19 penalty not to exceed three times the amount of money required to
22-20 be refunded that was not refunded as required by this section.
22-21 (Sections 259.057-259.100 reserved for expansion
22-22 SUBCHAPTER D. RESTRICTIONS ON ACCEPTANCE AND USE OF
22-23 POLITICAL CONTRIBUTIONS
22-24 Sec. 259.101. ACCEPTANCE OF CONTRIBUTIONS PROHIBITED. (a)
22-25 Except as provided by Section 259.013, 259.014, or 259.103, a
22-26 candidate or officeholder who accepts public financing or a
22-27 specific-purpose committee for supporting or opposing such a
23-1 candidate or assisting such an officeholder may not accept a
23-2 political contribution in connection with the office for which the
23-3 candidate or officeholder accepted public financing.
23-4 (b) A person who violates this section is liable for a civil
23-5 penalty not to exceed three times the amount of political
23-6 contributions used in violation of this section.
23-7 Sec. 259.102. USE OF CONTRIBUTION FROM OTHER OFFICE
23-8 PROHIBITED. (a) Except as provided by Section 259.103, a
23-9 candidate or officeholder who accepts public financing or a
23-10 specific-purpose committee for supporting or opposing such a
23-11 candidate or assisting such an officeholder may not use a political
23-12 contribution to make a campaign expenditure for the office for
23-13 which the candidate or officeholder accepted public financing or to
23-14 make an officeholder expenditure in connection with that office if
23-15 the contribution was accepted while the candidate or officeholder:
23-16 (1) was a candidate for an office other than the
23-17 office for which the candidate or officeholder accepted public
23-18 financing; or
23-19 (2) held an office other than the office for which the
23-20 candidate or officeholder accepted public financing, unless the
23-21 person had become a candidate for that office and the contribution
23-22 was accepted under Section 259.014.
23-23 (b) A person who violates this section is liable for a civil
23-24 penalty not to exceed three times the amount of political
23-25 contributions used in violation of this section.
23-26 Sec. 259.103. RESTRICTIONS NOT APPLICABLE TO CERTAIN
23-27 OFFICEHOLDERS. (a) Sections 259.101 and 259.102 do not apply to
24-1 an officeholder who accepted public financing and who seeks
24-2 reelection to the office for which the officeholder accepted public
24-3 financing or election to another office covered by this chapter if
24-4 the officeholder files a written statement with the commission that
24-5 the officeholder will not request public financing for the
24-6 reelection or election.
24-7 (b) An officeholder who files a statement under Subsection
24-8 (a) is not eligible for public financing for the reelection or
24-9 election to which the statement relates.
24-10 (c) An officeholder who accepted public financing or a
24-11 specific-purpose committee for assisting such an officeholder or
24-12 for supporting such an officeholder as a candidate may not accept a
24-13 political contribution before the officeholder files a statement
24-14 under Subsection (a).
24-15 (d) A person who violates Subsection (c) is liable for a
24-16 civil penalty not to exceed three times the amount of political
24-17 contributions used in violation of Subsection (c).
24-18 Sec. 259.104. RETENTION OF CONTRIBUTIONS FOR OFFICEHOLDER
24-19 PURPOSES. An officeholder who accepted public financing may retain
24-20 and use for officeholder purposes the unexpended amount, if any, of
24-21 political contributions accepted under Section 259.013 or 259.014.
24-22 (Sections 259.105-259.130 reserved for expansion
24-23 SUBCHAPTER E. VOTER INFORMATION PAMPHLET FOR STATEWIDE
24-24 JUDICIAL ELECTIONS
24-25 Sec. 259.131. APPLICABILITY OF SUBCHAPTER. This subchapter
24-26 applies to each candidate certified as eligible for public
24-27 financing.
25-1 Sec. 259.132. STATEMENT FILED BY CANDIDATE. Not later than
25-2 the 70th day before the date of the nonpartisan judicial general
25-3 election, a candidate for an office covered by this subchapter may
25-4 file with the secretary of state an informational statement, on a
25-5 form prescribed by the secretary, to be included in the voter
25-6 information pamphlet for that election.
25-7 Sec. 259.133. STATEMENT REQUIREMENTS. (a) A candidate's
25-8 statement must include a summary of the following information:
25-9 (1) current occupation;
25-10 (2) educational and occupational background;
25-11 (3) biographical information; and
25-12 (4) any previous experience serving in government.
25-13 (b) A candidate's statement may not directly or indirectly
25-14 indicate the candidate's party affiliation, if any.
25-15 (c) The secretary of state shall prescribe the format and
25-16 length of the candidate's statement.
25-17 Sec. 259.134. REVIEW BY SECRETARY OF STATE. (a) Not later
25-18 than the fifth day after the date the candidate's statement is
25-19 received, the secretary of state shall review the statement to
25-20 determine whether it complies with this subchapter.
25-21 (b) If the secretary of state determines that the statement
25-22 does not comply with the applicable requirements, the secretary
25-23 shall reject the statement and deliver written notice of the reason
25-24 for the rejection to the candidate not later than the second day
25-25 after the date of rejection.
25-26 (c) A candidate whose statement is rejected may resubmit the
25-27 statement subject to the prescribed deadline.
26-1 Sec. 259.135. PREPARATION OF PAMPHLET. (a) The secretary
26-2 of state shall contract for the preparation and printing of the
26-3 voter information pamphlet after soliciting bids for that work.
26-4 The secretary may prepare or print the pamphlet if the secretary
26-5 determines that the costs of that preparation or printing are less
26-6 than or equal to the most reasonable bid submitted.
26-7 (b) The pamphlet must include each statement that complies
26-8 with this subchapter and is filed by a candidate the commission has
26-9 certified as eligible for public financing. Candidates whose names
26-10 will appear on the ballot and write-in candidates must be shown in
26-11 separate groups. The order of the candidates' names within the
26-12 groups is determined by a drawing conducted by the secretary of
26-13 state.
26-14 (c) The secretary of state shall prescribe appropriate
26-15 explanatory material to be included in the pamphlet to assist the
26-16 voters, including a statement that the pamphlet may be used at the
26-17 polls to assist the voters in marking their ballots.
26-18 Sec. 259.136. DISTRIBUTION OF PAMPHLET. Not later than the
26-19 45th day before the date of each nonpartisan judicial general
26-20 election, the secretary of state shall mail the voter information
26-21 pamphlet to each household in this state in which a registered
26-22 voter resides.
26-23 Sec. 259.137. ADDITIONAL PROCEDURES. The secretary of state
26-24 shall prescribe any additional procedures necessary to implement
26-25 this subchapter.
26-26 SECTION 2.02. Section 253.157, Election Code, is amended by
26-27 amending Subsections (a) and (e) and by adding Subsection (f) to
27-1 read as follows:
27-2 (a) A judicial candidate or officeholder [or a
27-3 specific-purpose committee for supporting or opposing a judicial
27-4 candidate] may not accept a political contribution in excess of $50
27-5 from a person if:
27-6 (1) the person is a law firm, a member of a law firm,
27-7 or a general-purpose committee established or controlled by a law
27-8 firm; and
27-9 (2) the contribution when aggregated with all
27-10 political contributions accepted by the candidate or [,]
27-11 officeholder[, or committee] from the law firm, other members of
27-12 the law firm, or a general-purpose committee established or
27-13 controlled by the law firm in connection with the election would
27-14 exceed six times the applicable contribution limit under Section
27-15 253.155.
27-16 (e) This section does not apply to a political contribution
27-17 to a candidate for or holder of a statewide judicial office or to a
27-18 specific-purpose committee for supporting or opposing such a
27-19 candidate or assisting such an officeholder.
27-20 (f) In this section:
27-21 (1) "Law firm" means a partnership, limited liability
27-22 partnership, or professional corporation organized for the practice
27-23 of law.
27-24 (2) "Member" means a partner, associate, shareholder,
27-25 employee, or person designated "of counsel" or "of the firm".
27-26 SECTION 2.03. Subchapter F, Chapter 253, Election Code, is
27-27 amended by adding Section 253.1571 to read as follows:
28-1 Sec. 253.1571. CERTAIN CONTRIBUTIONS IN CONNECTION WITH
28-2 STATEWIDE JUDICIAL OFFICE PROHIBITED. (a) Except as provided by
28-3 Section 259.013 or 259.014, a candidate for or holder of a
28-4 statewide judicial office may not knowingly accept a political
28-5 contribution from:
28-6 (1) a person licensed to practice law in this state;
28-7 (2) a law firm;
28-8 (3) a political committee established or controlled by
28-9 a law firm;
28-10 (4) a general-purpose committee in which persons
28-11 described by Subdivisions (1)-(3) constitute 20 percent or more of
28-12 the committee's total membership;
28-13 (5) a general-purpose committee that, in the preceding
28-14 three calendar years, or in the period beginning on the date the
28-15 committee filed its initial campaign treasurer appointment and
28-16 ending on the preceding December 31, if the committee has not been
28-17 in existence for at least three calendar years, accepted political
28-18 contributions from persons described by Subdivisions (1)-(3) that,
28-19 in the aggregate, exceed 20 percent of the total amount of
28-20 political contributions accepted by the committee during that
28-21 period;
28-22 (6) a general-purpose committee that has not been in
28-23 existence for at least 12 months before the date the contribution
28-24 is accepted;
28-25 (7) a person who, at the time the contribution is
28-26 accepted, is a party to an action pending in a district court, a
28-27 court of appeals, the supreme court, or the court of criminal
29-1 appeals; or
29-2 (8) a person who has a substantial interest, as
29-3 determined under Section 572.005, Government Code, in a business
29-4 entity that, at the time the contribution is accepted, is a party
29-5 to an action pending in a district court, a court of appeals, the
29-6 supreme court, or the court of criminal appeals.
29-7 (b) A person who violates this section commits an offense.
29-8 An offense under this section is a Class A misdemeanor.
29-9 (c) In this section, "law firm" has the meaning assigned by
29-10 Section 253.157.
29-11 SECTION 2.04. Section 253.158(a), Election Code, is amended
29-12 to read as follows:
29-13 (a) For purposes of Sections 253.155, [and] 253.157, and
29-14 253.1571, a contribution by the spouse or child of an individual is
29-15 considered to be a contribution by the individual.
29-16 SECTION 2.05. Sections 253.159 and 253.1601, Election Code,
29-17 are amended to read as follows:
29-18 Sec. 253.159. EXCEPTION TO CONTRIBUTION LIMITS AND
29-19 RESTRICTIONS. Sections 253.155, [and] 253.157, and 253.1571 do not
29-20 apply to an individual who is related to the candidate or
29-21 officeholder within the second degree by consanguinity, as
29-22 determined under Subchapter B, Chapter 573, Government Code.
29-23 Sec. 253.1601. CONTRIBUTION TO CERTAIN COMMITTEES CONSIDERED
29-24 CONTRIBUTION TO CANDIDATE. For purposes of Sections 253.155,
29-25 253.157, 253.1571, and 253.160, a contribution to a
29-26 specific-purpose committee for the purpose of supporting a judicial
29-27 candidate, opposing the candidate's opponent, or assisting the
30-1 candidate as an officeholder is considered to be a contribution to
30-2 the candidate.
30-3 SECTION 2.06. (a) Section 253.157, Election Code, as
30-4 amended by this Act, and Section 253.1571, Election Code, as added
30-5 by this Act, apply only to a political contribution accepted on or
30-6 after the effective date of this Act. A political contribution
30-7 accepted before the effective date of this Act is governed by the
30-8 law in effect on the date the contribution was accepted, and the
30-9 former law is continued in effect for that purpose.
30-10 (b) Notwithstanding Chapter 259, Election Code, as added by
30-11 this Act, a person who on the effective date of this Act held an
30-12 office covered by that chapter and who had unexpended political
30-13 contributions may use those contributions to make political
30-14 expenditures for campaign or officeholder purposes.
30-15 ARTICLE 3. EFFECTIVE DATE
30-16 SECTION 3.01. This Act takes effect immediately if it
30-17 receives a vote of two-thirds of all the members elected to each
30-18 house, as provided by Section 39, Article III, Texas Constitution.
30-19 If this Act does not receive the vote necessary for immediate
30-20 effect, this Act takes effect September 1, 2001.