By Mowery                                              H.B. No. 555
         77R580 GGS-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the elimination of straight-party voting in connection
 1-3     with certain judicial races.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 1.005, Election Code, is amended by
 1-6     amending Subdivision (20) and by adding Subdivision (25) to read as
 1-7     follows:
 1-8                 (20)  "Straight-party vote" means a vote by a single
 1-9     mark, punch, or other action by the voter for all the nominees of
1-10     one political party, except nominees for judicial offices, and for
1-11     no other candidates.
1-12                 (25)  "Judicial office" means an office listed in
1-13     Section 52.092(g).
1-14           SECTION 2.  Section 52.065, Election Code, is amended by
1-15     adding Subsection (f) to read as follows:
1-16           (f)  Judicial offices shall appear on the ballot in the same
1-17     format as the other offices but under the heading "Judicial
1-18     Offices" after the listing of the other offices.
1-19           SECTION 3.  Section 52.066, Election Code, is amended by
1-20     adding Subsection (e) to read as follows:
1-21           (e)  Judicial offices shall appear on the ballot in the same
1-22     format as the other offices but under the heading "Judicial
1-23     Offices" after the listing of the other offices.
1-24           SECTION 4.  Subchapter C, Chapter 52, Election Code, is
 2-1     amended by adding Section 52.0661 to read as follows:
 2-2           Sec. 52.0661.  SEPARATE LISTING OF UNOPPOSED JUDICIAL
 2-3     CANDIDATES.  (a)  Any unopposed candidates for judicial offices
 2-4     shall be listed separately on the ballot under the heading
 2-5     "Uncontested Judicial Races" following the contested judicial
 2-6     races.
 2-7           (b)  In the general election for state and county officers,
 2-8     the party alignment of each unopposed candidate for a judicial
 2-9     office shall be indicated next to the candidate's name.
2-10           (c)  The secretary of state shall prescribe any procedures or
2-11     instructions necessary to implement this section.
2-12           SECTION 5.  Section 52.070(b), Election Code, is amended to
2-13     read as follows:
2-14           (b)  Immediately below "OFFICIAL BALLOT[,]" and "Judicial
2-15     Offices," if applicable, the following instruction shall be
2-16     printed:  "Vote for the candidate of your choice in each race by
2-17     placing an 'X' in the square beside the candidate's name."
2-18           SECTION 6.  Section 52.071, Election Code, is amended to read
2-19     as follows:
2-20           Sec. 52.071.  VOTING SQUARE AND INSTRUCTION FOR
2-21     STRAIGHT-PARTY VOTE.  (a)  On a ballot on which a party column
2-22     appears in connection with offices other than judicial offices, a
2-23     square larger than the square prescribed by Section 52.070(a) shall
2-24     be printed to the left of each political party's name.
2-25           (b)  The following instruction shall be added to the
2-26     instruction required by Section 52.070(b) in connection with
2-27     offices other than judicial  offices:  "You may cast a
 3-1     straight-party vote (that is, cast a vote for all the nominees of
 3-2     one party, except nominees for judicial offices) by placing an 'X'
 3-3     in the square beside the name of the party of your choice.  If you
 3-4     cast a straight-party vote [for all the nominees of one party] and
 3-5     also cast a vote for an opponent of one of that party's nominees,
 3-6     your vote for the opponent will be counted as well as your vote for
 3-7     all the other nominees of the party for which the straight-party
 3-8     vote was cast."
 3-9           SECTION 7.  Section 52.092, Election Code, is amended by
3-10     amending Subsections (c)-(e) and (g)-(j) and by adding Subsection
3-11     (k) to read as follows:
3-12           (c)  Statewide offices of the state government shall be
3-13     listed in the following order:
3-14                 (1)  governor;
3-15                 (2)  lieutenant governor;
3-16                 (3)  attorney general;
3-17                 (4)  comptroller of public accounts;
3-18                 (5)  commissioner of the General Land Office;
3-19                 (6)  commissioner of agriculture;
3-20                 (7)  railroad commissioner[;]
3-21                 [(8)  chief justice, supreme court;]
3-22                 [(9)  justice, supreme court;]
3-23                 [(10)  presiding judge, court of criminal appeals;]
3-24                 [(11)  judge, court of criminal appeals].
3-25           (d)  District offices of the state government shall be listed
3-26     in the following order:
3-27                 (1)  member, State Board of Education;
 4-1                 (2)  state senator;
 4-2                 (3)  state representative;
 4-3                 (4)  [chief justice, court of appeals;]
 4-4                 [(5)  justice, court of appeals;]
 4-5                 [(6)  district judge;]
 4-6                 [(7)  criminal district judge;]
 4-7                 [(8)  family district judge;]
 4-8                 [(9)]  district attorney;
 4-9                 (5) [(10)]  criminal district attorney.
4-10           (e)  County offices shall be listed in the following order:
4-11                 (1)  county judge;
4-12                 (2)  [judge, county court at law;]
4-13                 [(3)  judge, county criminal court;]
4-14                 [(4)  judge, county probate court;]
4-15                 [(5)]  county attorney;
4-16                 (3) [(6)]  district clerk;
4-17                 (4) [(7)]  district and county clerk;
4-18                 (5) [(8)]  county clerk;
4-19                 (6) [(9)]  sheriff;
4-20                 (7) [(10)]  sheriff and tax assessor-collector;
4-21                 (8) [(11)]  county tax assessor-collector;
4-22                 (9) [(12)]  county treasurer;
4-23                 (10) [(13)]  county school trustee (county with
4-24     population of two million or more);
4-25                 (11) [(14)]  county surveyor;
4-26                 (12) [(15)]  inspector of hides and animals.
4-27           (g)  Judicial offices shall be listed in the following order:
 5-1                 (1)  chief justice, supreme court;
 5-2                 (2)  justice, supreme court;
 5-3                 (3)  presiding judge, court of criminal appeals;
 5-4                 (4)  judge, court of criminal appeals;
 5-5                 (5)  chief justice, court of appeals;
 5-6                 (6)  justice, court of appeals;
 5-7                 (7)  district judge;
 5-8                 (8)  criminal district judge;
 5-9                 (9)  family district judge;
5-10                 (10)  judge, county court at law;
5-11                 (11)  judge, county criminal court;
5-12                 (12)  judge, county probate court.
5-13           (h)  If two or more offices having the same title except for
5-14     a place number or other distinguishing number are to appear on the
5-15     ballot, the number shall appear as part of the office title and the
5-16     offices shall be listed in numerical order.
5-17           (i) [(h)]  The secretary of state shall assign a place number
5-18     to each position to be filled at the general election for state and
5-19     county officers for each full or unexpired term in the following
5-20     offices:
5-21                 (1)  justice, supreme court;
5-22                 (2)  judge, court of criminal appeals; and
5-23                 (3)  justice, court of appeals in a court having a
5-24     membership in excess of three, if distinguishing the positions to
5-25     be filled is necessary.
5-26           (j) [(i)]  The secretary of state shall designate the
5-27     position of new offices on the ballot.
 6-1           (k) [(j)]  The office of judge of a multicounty statutory
 6-2     county court created under Subchapter D, Chapter 25, Government
 6-3     Code, is considered to be a county office for purposes of listing
 6-4     the office on the ballot and to be a district office for all other
 6-5     purposes under this code.
 6-6           SECTION 8.  Sections 65.007(b) and (c), Election Code, are
 6-7     amended to read as follows:
 6-8           (b)  Except as provided by Subsection (c) or (d), each
 6-9     straight-party vote shall be tallied for the party receiving the
6-10     vote instead of being tallied for the individual candidates of the
6-11     party.  The total number of straight-party votes tallied for each
6-12     party shall be added to the total votes received for each of the
6-13     party nominees individually, except nominees for judicial  offices.
6-14           (c)  If a ballot indicates a straight-party vote and a vote
6-15     for an opponent of one or more of that party's nominees, a vote
6-16     shall be counted for the opponent and for each of the party's other
6-17     nominees, except nominees for judicial offices, whether or not any
6-18     of those nominees have received individual votes.
6-19           SECTION 9.  Subchapter A, Chapter 124, Election Code, is
6-20     amended by amending Section 124.003 and by adding Section 124.0031
6-21     to read as follows:
6-22           Sec. 124.003.  Separate Listing of Unopposed Candidates[;
6-23     Bloc Voting].  (a)  Any unopposed candidates, except candidates for
6-24     judicial offices, may be listed separately under the heading
6-25     "Uncontested Races" on a voting system ballot or ballot label.
6-26           (b)  In an election in which the ballots indicate political
6-27     party alignment, the party alignment of the candidates listed under
 7-1     the uncontested races heading shall be indicated next to the
 7-2     candidate's name.
 7-3           (c)  Candidates listed under the uncontested races heading
 7-4     may be arranged in a manner requiring voting on them as one or more
 7-5     groups [blocs], but only if an additional ballot or ballot label
 7-6     would otherwise be necessary to accommodate all the candidates and
 7-7     propositions to be listed.
 7-8           (d)  The requirement that the ballot or ballot label be
 7-9     arranged to permit straight-party voting does not apply to
7-10     candidates listed under the uncontested races heading.
7-11           Sec. 124.0031.  SEPARATE LISTING OF UNOPPOSED JUDICIAL
7-12     CANDIDATES.  Candidates listed under the uncontested judicial races
7-13     heading may be arranged in a manner requiring voting on them as one
7-14     or more groups, but only if an additional ballot or ballot label
7-15     would otherwise be necessary to accommodate all the candidates and
7-16     propositions to be listed.
7-17           SECTION 10.  Section 124.061(b), Election Code, is amended to
7-18     read as follows:
7-19           (b)  A punch-card ballot label may comprise as many separate
7-20     sheets as are necessary to list the candidates and propositions
7-21     stating measures to be voted on in an election.  If more than one
7-22     sheet is used, the first sheet of the sequence must [shall]
7-23     indicate the fact that the ballot is continued on one or more
7-24     additional sheets and must indicate the sheet on which the listing
7-25     of judicial offices, if any, begins.  Sheets in the same sequence
7-26     may be identified by any method that will facilitate voting or
7-27     ballot processing and not confuse the voters.
 8-1           SECTION 11.  Section 124.063(a), Election Code, is amended to
 8-2     read as follows:
 8-3           (a)  An electronic system ballot on which a voter indicates a
 8-4     vote by punching a hole in the ballot must contain the following
 8-5     instruction if candidates are to be voted on:  "Vote for the
 8-6     candidate of your choice in each race by making a punch hole in the
 8-7     space provided adjacent to the name of that candidate."  The ballot
 8-8     must contain the same instruction in conjunction with any judicial
 8-9     offices appearing on the ballot.  If a proposition appears on the
8-10     ballot, the ballot must contain the following instruction:  "Make a
8-11     punch hole in the space provided beside the statement indicating
8-12     the way you desire to vote."
8-13           SECTION 12.  This Act takes effect September 1, 2001.