By Junell H.B. No. 1518
77R2107 GGS-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the appointment and nonpartisan retention or rejection
1-3 of appellate justices and judges and to elimination of a
1-4 straight-party vote in connection with district judges.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Chapter 22, Government Code, is amended by adding
1-7 Subchapter E to read as follows:
1-8 SUBCHAPTER E. APPOINTMENT AND RETENTION OF
1-9 JUSTICES AND JUDGES
1-10 Sec. 22.401. APPOINTMENT AND RETENTION CYCLE. (a) In
1-11 conjunction with the last general election for state and county
1-12 officers to be held before the end of a term of office to which a
1-13 justice or judge is appointed or retained, the justice or judge is
1-14 subject to retention or rejection at the nonpartisan judicial
1-15 retention election in accordance with Chapter 291, Election Code.
1-16 (b) If a justice or judge does not seek retention, or
1-17 withdraws from the retention election, as provided by Chapter 291,
1-18 Election Code, the vacancy existing at the beginning of the
1-19 succeeding term shall be filled in the manner prescribed by the
1-20 Texas Constitution.
1-21 (c) If a vacancy occurs in the office of a justice or judge
1-22 seeking retention and the justice's or judge's name is omitted from
1-23 the retention election ballot under Chapter 291, Election Code, the
1-24 vacancy shall be filled in the manner prescribed by the Texas
2-1 Constitution.
2-2 Sec. 22.402. EFFECT OF RETENTION VOTE. (a) If a majority
2-3 of the votes received on the question are for the retention of the
2-4 justice or judge, the person is entitled to remain in office for a
2-5 regular term of six years beginning on the first day of the
2-6 following January, unless the person becomes ineligible or is
2-7 removed as provided by law.
2-8 (b) If less than a majority of the votes received on the
2-9 question are for retention, a vacancy in the office exists on the
2-10 first day of the following January, and the vacancy shall be filled
2-11 in the manner prescribed by the Texas Constitution.
2-12 (c) If the name of a justice or judge seeking retention
2-13 appears on the retention election ballot under Chapter 291,
2-14 Election Code, although a vacancy has occurred in the office, the
2-15 retention election for that office has no effect, and the vacancy
2-16 shall be filled in the manner prescribed by the Texas Constitution.
2-17 SECTION 2. Section 41.002, Election Code, is amended to read
2-18 as follows:
2-19 Sec. 41.002. GENERAL ELECTION FOR STATE AND COUNTY
2-20 OFFICERS. The general election for state and county officers,
2-21 including the nonpartisan judicial retention election, shall be
2-22 held on the first Tuesday after the first Monday in November in
2-23 even-numbered years.
2-24 SECTION 3. The Election Code is amended by adding Title 17
2-25 to read as follows:
2-26 TITLE 17. NONPARTISAN JUDICIAL RETENTION ELECTIONS
2-27 CHAPTER 291. RETENTION ELECTION
3-1 Sec. 291.001. DECLARATION OF CANDIDACY. (a) Not later than
3-2 5 p.m. on June 1 preceding the nonpartisan judicial retention
3-3 election at which the justice or judge is subject to retention or
3-4 rejection, a justice or judge who seeks to continue to serve in
3-5 that office must file with the secretary of state a declaration of
3-6 candidacy to succeed to the next term.
3-7 (b) A declaration may not be filed earlier than the 30th day
3-8 before the date of the filing deadline. A declaration filed by
3-9 mail is considered to be filed at the time of its receipt by the
3-10 appropriate authority.
3-11 (c) The filling of the subsequent vacancy for the office for
3-12 which a declaration of candidacy is not filed is covered by Chapter
3-13 22, Government Code.
3-14 Sec. 291.002. WITHDRAWAL, DEATH, OR INELIGIBILITY.
3-15 (a) With respect to withdrawal, death, or ineligibility of a
3-16 candidate in a nonpartisan judicial retention election, this
3-17 section supersedes Subchapter A, Chapter 145, to the extent of any
3-18 conflict.
3-19 (b) A candidate may not withdraw from the retention election
3-20 after the 65th day before election day.
3-21 (c) A withdrawal request must be filed with the authority
3-22 with whom the withdrawing candidate's declaration of candidacy is
3-23 required to be filed.
3-24 (d) A candidate's name shall be omitted from the retention
3-25 election ballot if the candidate withdraws, dies, or is declared
3-26 ineligible on or before the 65th day before election day.
3-27 (e) If a candidate who has made a declaration of candidacy
4-1 that complies with the applicable requirements dies or is declared
4-2 ineligible after the 65th day before election day, the candidate's
4-3 name shall be placed on the retention election ballot.
4-4 (f) The filling of the subsequent vacancy for the office
4-5 following implementation of Subsection (d) or (e) is covered by
4-6 Chapter 22, Government Code.
4-7 Sec. 291.003. CERTIFICATION OF NAMES FOR PLACEMENT ON
4-8 RETENTION ELECTION BALLOT. (a) Except as provided by Subsection
4-9 (c), the secretary of state shall certify in writing for placement
4-10 on the nonpartisan judicial retention election ballot the name of
4-11 each candidate who files with the secretary a declaration of
4-12 candidacy that complies with Section 291.001.
4-13 (b) Not later than the 55th day before election day, the
4-14 secretary of state shall deliver the certification to the authority
4-15 responsible for having the official ballot prepared in each county
4-16 in which the candidate's name is to appear on the ballot.
4-17 (c) A candidate's name may not be certified if, before
4-18 delivering the certification, the secretary of state learns that
4-19 the name is to be omitted from the ballot under Section 291.002.
4-20 Sec. 291.004. RETENTION ELECTION BALLOT. The name of the
4-21 person subject to retention or rejection shall be submitted to the
4-22 voters on the nonpartisan judicial retention election ballot
4-23 following the offices subject to election under the heading
4-24 "Retention of Nonpartisan Judicial Offices," in substantially the
4-25 following form:
4-26 "Shall (Justice or Judge)__________________________
4-27 ___________________________________________________
5-1 be retained in office as (justice or judge) of the
5-2 (name of court)__________________________________?"
5-3 ____"Yes"
5-4 ____"No"
5-5 Sec. 291.005. GENERAL PROCEDURE FOR CONDUCT OF RETENTION
5-6 ELECTION. (a) Except as otherwise provided by this code, the
5-7 nonpartisan judicial retention election shall be conducted and the
5-8 results canvassed, tabulated, and reported in the manner applicable
5-9 to partisan offices in the general election for state and county
5-10 officers.
5-11 (b) A certificate of election shall be issued to a retained
5-12 officer in the same manner as provided for a candidate elected to
5-13 the office.
5-14 Sec. 291.006. WRITE-IN VOTING PROHIBITED. Write-in voting
5-15 is not permitted in a nonpartisan judicial retention election.
5-16 Sec. 291.007. POLITICAL CONTRIBUTIONS AND EXPENDITURES. A
5-17 candidate for retention of a judicial office is subject to Title 15
5-18 and shall comply with that title in the same manner as a candidate
5-19 for election to the office.
5-20 Sec. 291.008. APPLICABILITY OF OTHER PARTS OF CODE. The
5-21 other titles of this code apply to a nonpartisan judicial retention
5-22 election except provisions that are inconsistent with this title or
5-23 that cannot feasibly be applied in a retention election.
5-24 Sec. 291.009. ADDITIONAL PROCEDURES. The secretary of state
5-25 shall prescribe any additional procedures necessary for the orderly
5-26 and proper administration of elections held under this chapter.
5-27 SECTION 4. Section 1.005, Election Code, is amended by
6-1 amending Subdivisions (9) and (20) and by adding Subdivisions (25),
6-2 (26), and (27) to read as follows:
6-3 (9) "Independent candidate" means a candidate in a
6-4 nonpartisan election or a candidate in a partisan election who is
6-5 not the nominee of a political party. The term does not include a
6-6 nonpartisan judicial candidate.
6-7 (20) "Straight-party vote" means a vote by a single
6-8 mark, punch, or other action by the voter for all the nominees of
6-9 one political party, except nominees for partisan district court
6-10 offices, and for no other candidates.
6-11 (25) "Nonpartisan judicial candidate" means a
6-12 candidate in a nonpartisan judicial retention election.
6-13 (26) "Nonpartisan judicial retention election" means
6-14 an election held under Chapter 291.
6-15 (27) "Partisan district court office" means an office
6-16 listed in Section 52.092(g).
6-17 SECTION 5. Section 52.065, Election Code, is amended by
6-18 adding Subsection (f) to read as follows:
6-19 (f) Partisan district court offices shall appear on the
6-20 ballot in the same format as the other offices but under the
6-21 heading "Partisan District Court Offices" after the listing of the
6-22 other offices.
6-23 SECTION 6. Section 52.066, Election Code, is amended by
6-24 adding Subsection (e) to read as follows:
6-25 (e) Partisan district court offices shall appear on the
6-26 ballot in the same format as the other offices but under the
6-27 heading "Partisan District Court Offices" after the listing of the
7-1 other offices.
7-2 SECTION 7. Subchapter C, Chapter 52, Election Code, is
7-3 amended by adding Section 52.0661 to read as follows:
7-4 Sec. 52.0661. SEPARATE LISTING OF UNOPPOSED PARTISAN
7-5 DISTRICT COURT CANDIDATES. (a) Any unopposed candidates for
7-6 partisan district court offices shall be listed separately on the
7-7 ballot under the heading "Uncontested Partisan District Court
7-8 Races" following the contested races for those offices.
7-9 (b) In the general election for state and county officers,
7-10 the party alignment of each unopposed candidate for an office
7-11 covered by this section shall be indicated next to the candidate's
7-12 name.
7-13 (c) The secretary of state shall prescribe any procedures or
7-14 instructions necessary to implement this section.
7-15 SECTION 8. Section 52.070(b), Election Code, is amended to
7-16 read as follows:
7-17 (b) Immediately below "OFFICIAL BALLOT[,]" and "Partisan
7-18 District Court Offices," if applicable, the following instruction
7-19 shall be printed: "Vote for the candidate of your choice in each
7-20 race by placing an 'X' in the square beside the candidate's name."
7-21 SECTION 9. Section 52.071, Election Code, is amended to read
7-22 as follows:
7-23 Sec. 52.071. VOTING SQUARE AND INSTRUCTION FOR
7-24 STRAIGHT-PARTY VOTE. (a) On a ballot on which a party column
7-25 appears in connection with offices other than partisan district
7-26 court offices, a square larger than the square prescribed by
7-27 Section 52.070(a) shall be printed to the left of each political
8-1 party's name.
8-2 (b) The following instruction shall be added to the
8-3 instruction required by Section 52.070(b) in connection with
8-4 offices other than partisan district court offices: "You may cast
8-5 a straight-party vote (that is, cast a vote for all the nominees of
8-6 one party, except nominees for partisan district court offices) by
8-7 placing an 'X' in the square beside the name of the party of your
8-8 choice. If you cast a straight-party vote [for all the nominees of
8-9 one party] and also cast a vote for an opponent of one of that
8-10 party's nominees, your vote for the opponent will be counted as
8-11 well as your vote for all the other nominees of the party for which
8-12 the straight-party vote was cast."
8-13 SECTION 10. Section 52.092, Election Code, is amended by
8-14 amending Subsections (a), (c), (d), and (g) through (j) and by
8-15 adding Subsections (k) and (l) to read as follows:
8-16 (a) For an election at which offices regularly filled at the
8-17 general election for state and county officers, including the
8-18 nonpartisan judicial retention election, are to appear on the
8-19 ballot, the offices shall be listed in the following order:
8-20 (1) offices of the federal government;
8-21 (2) offices of the state government:
8-22 (A) statewide offices;
8-23 (B) district offices;
8-24 (3) offices of the county government:
8-25 (A) county offices;
8-26 (B) precinct offices.
8-27 (c) Statewide offices of the state government shall be
9-1 listed in the following order:
9-2 (1) governor;
9-3 (2) lieutenant governor;
9-4 (3) attorney general;
9-5 (4) comptroller of public accounts;
9-6 (5) commissioner of the General Land Office;
9-7 (6) commissioner of agriculture;
9-8 (7) railroad commissioner[;]
9-9 [(8) chief justice, supreme court;]
9-10 [(9) justice, supreme court;]
9-11 [(10) presiding judge, court of criminal appeals;]
9-12 [(11) judge, court of criminal appeals].
9-13 (d) District offices of the state government shall be listed
9-14 in the following order:
9-15 (1) member, State Board of Education;
9-16 (2) state senator;
9-17 (3) state representative;
9-18 (4) [chief justice, court of appeals;]
9-19 [(5) justice, court of appeals;]
9-20 [(6) district judge;]
9-21 [(7) criminal district judge;]
9-22 [(8) family district judge;]
9-23 [(9)] district attorney;
9-24 (5) [(10)] criminal district attorney.
9-25 (g) Partisan district court offices shall be listed in the
9-26 following order:
9-27 (1) district judge;
10-1 (2) criminal district judge;
10-2 (3) family district judge.
10-3 (h) Nonpartisan judicial retention election offices shall be
10-4 listed in the following order:
10-5 (1) chief justice, supreme court;
10-6 (2) justice, supreme court;
10-7 (3) presiding judge, court of criminal appeals;
10-8 (4) judge, court of criminal appeals;
10-9 (5) chief justice, court of appeals;
10-10 (6) justice, court of appeals.
10-11 (i) If two or more offices having the same title except for
10-12 a place number or other distinguishing number are to appear on the
10-13 ballot, the number shall appear as part of the office title and the
10-14 offices shall be listed in numerical order.
10-15 (j) [(h)] The secretary of state shall assign a place number
10-16 to each position to be voted on [filled] at the nonpartisan
10-17 judicial retention [general] election for [state and county
10-18 officers for each full or unexpired term in] the following offices:
10-19 (1) justice, supreme court;
10-20 (2) judge, court of criminal appeals; and
10-21 (3) justice, court of appeals in a court having a
10-22 membership in excess of three, if distinguishing the positions to
10-23 be filled is necessary.
10-24 (k) [(i)] The secretary of state shall designate the
10-25 position of new offices on the ballot.
10-26 (l) [(j)] The office of judge of a multicounty statutory
10-27 county court created under Subchapter D, Chapter 25, Government
11-1 Code, is considered to be a county office for purposes of listing
11-2 the office on the ballot and to be a district office for all other
11-3 purposes under this code.
11-4 SECTION 11. Sections 65.007(b) and (c), Election Code, are
11-5 amended to read as follows:
11-6 (b) Except as provided by Subsection (c) or (d), each
11-7 straight-party vote shall be tallied for the party receiving the
11-8 vote instead of being tallied for the individual candidates of the
11-9 party. The total number of straight-party votes tallied for each
11-10 party shall be added to the total votes received for each of the
11-11 party nominees individually, except nominees for partisan district
11-12 court offices.
11-13 (c) If a ballot indicates a straight-party vote and a vote
11-14 for an opponent of one or more of that party's nominees, a vote
11-15 shall be counted for the opponent and for each of the party's other
11-16 nominees, except nominees for partisan district court offices,
11-17 whether or not any of those nominees have received individual
11-18 votes.
11-19 SECTION 12. Subchapter A, Chapter 124, Election Code, is
11-20 amended by amending Section 124.003 and by adding Section 124.0031
11-21 to read as follows:
11-22 Sec. 124.003. SEPARATE LISTING OF UNOPPOSED CANDIDATES[;
11-23 BLOC VOTING]. (a) Any unopposed candidates, except candidates for
11-24 partisan district court offices, may be listed separately under the
11-25 heading "Uncontested Races" on a voting system ballot or ballot
11-26 label.
11-27 (b) In an election in which the ballots indicate political
12-1 party alignment, the party alignment of the candidates listed under
12-2 the uncontested races heading shall be indicated next to the
12-3 candidate's name.
12-4 (c) Candidates listed under the uncontested races heading
12-5 may be arranged in a manner requiring voting on them as one or more
12-6 groups [blocs], but only if an additional ballot or ballot label
12-7 would otherwise be necessary to accommodate all the candidates and
12-8 propositions to be listed.
12-9 (d) The requirement that the ballot or ballot label be
12-10 arranged to permit straight-party voting does not apply to
12-11 candidates listed under the uncontested races heading.
12-12 Sec. 124.0031. SEPARATE LISTING OF UNOPPOSED PARTISAN
12-13 DISTRICT COURT CANDIDATES. Candidates listed under the uncontested
12-14 partisan district court races heading may be arranged in a manner
12-15 requiring voting on them as one or more groups, but only if an
12-16 additional ballot or ballot label would otherwise be necessary to
12-17 accommodate all the candidates and propositions to be listed.
12-18 SECTION 13. Section 124.061(b), Election Code, is amended to
12-19 read as follows:
12-20 (b) A punch-card ballot label may comprise as many separate
12-21 sheets as are necessary to list the candidates and propositions
12-22 stating measures to be voted on in an election. If more than one
12-23 sheet is used, the first sheet of the sequence must [shall]
12-24 indicate the fact that the ballot is continued on one or more
12-25 additional sheets and must indicate the sheet on which the listing
12-26 of partisan district court offices, if any, begins. Sheets in the
12-27 same sequence may be identified by any method that will facilitate
13-1 voting or ballot processing and not confuse the voters.
13-2 SECTION 14. Section 124.063(a), Election Code, is amended to
13-3 read as follows:
13-4 (a) An electronic system ballot on which a voter indicates a
13-5 vote by punching a hole in the ballot must contain the following
13-6 instruction if candidates are to be voted on: "Vote for the
13-7 candidate of your choice in each race by making a punch hole in the
13-8 space provided adjacent to the name of that candidate." The ballot
13-9 must contain the same instruction in conjunction with any partisan
13-10 district court offices appearing on the ballot. If a proposition
13-11 appears on the ballot, the ballot must contain the following
13-12 instruction: "Make a punch hole in the space provided beside the
13-13 statement indicating the way you desire to vote."
13-14 SECTION 15. Section 145.003(b), Election Code, is amended to
13-15 read as follows:
13-16 (b) A candidate in the general election for state and county
13-17 officers, including the nonpartisan judicial retention election,
13-18 may be declared ineligible before the 30th day preceding election
13-19 day by:
13-20 (1) the party officer responsible for certifying the
13-21 candidate's name for placement on the general election ballot, in
13-22 the case of a candidate who is a political party's nominee; or
13-23 (2) the authority with whom the candidate's
13-24 application for a place on the ballot or declaration of candidacy
13-25 is required to be filed, in the case of an independent candidate or
13-26 a nonpartisan judicial candidate, as applicable.
13-27 SECTION 16. Section 145.005(a), Election Code, is amended to
14-1 read as follows:
14-2 (a) If the name of a deceased or ineligible candidate
14-3 appears on the ballot [under this chapter], the votes cast for the
14-4 candidate shall be counted and entered on the official election
14-5 returns in the same manner as for the other candidates.
14-6 SECTION 17. Section 172.021(e), Election Code, is amended to
14-7 read as follows:
14-8 (e) A candidate for an office specified by Section
14-9 172.024(a)(8) or[,] (10)[, or (12)], or for justice of the peace in
14-10 a county with a population of more than one million [850,000], who
14-11 chooses to pay the filing fee must also accompany the application
14-12 with a petition that complies with the requirements prescribed for
14-13 the petition authorized by Subsection (b), except that the minimum
14-14 number of signatures that must appear on the petition required by
14-15 this subsection is 250. If the candidate chooses to file the
14-16 petition authorized by Subsection (b) instead of the filing fee,
14-17 the minimum number of signatures required for that petition is
14-18 increased by 250. Signatures on a petition filed under this
14-19 subsection or Subsection (b) by a candidate covered by this
14-20 subsection may not be obtained on the grounds of a county
14-21 courthouse or courthouse annex.
14-22 SECTION 18. Section 172.024(a), Election Code, is amended to
14-23 read as follows:
14-24 (a) The filing fee for a candidate for nomination in the
14-25 general primary election is as follows:
14-26 (1) United States senator ..................... $4,000
14-27 (2) office elected statewide, except United States
15-1 senator .................................... 3,000
15-2 (3) United States representative ............... 2,500
15-3 (4) state senator .............................. 1,000
15-4 (5) state representative ......................... 600
15-5 (6) member, State Board of Education ............. 250
15-6 (7) [chief justice or justice, court of appeals, other
15-7 than a justice specified by Subdivision (8)
15-8 ............................................ 1,500]
15-9 [(8) chief justice or justice of a court of appeals
15-10 that serves a court of appeals district in which a
15-11 county with a population of more than 850,000 is
15-12 wholly or partly situated .................. 2,000]
15-13 [(9)] district judge or judge specified by Section
15-14 52.092(g) [52.092(d)] for which this schedule does
15-15 not otherwise prescribe a fee .............. 1,200
15-16 (8) [(10)] district or criminal district judge of a
15-17 court in a judicial district wholly contained in a
15-18 county with a population of more than one million
15-19 [850,000] ................................... 2,000
15-20 (9) [(11)] judge, statutory county court, other than
15-21 a judge specified by Subdivision (10)
15-22 [(12)] ...................................... 1,200
15-23 (10) [(12)] judge of a statutory county court in a
15-24 county with a population of more than one million
15-25 [850,000] .................................. 2,000
15-26 (11) [(13)] district attorney, criminal district
15-27 attorney, or county attorney performing the duties
16-1 of a district attorney ..................... 1,000
16-2 (12) [(14)] county commissioner or judge,
16-3 constitutional county court:
16-4 (A) county with a population of 200,000
16-5 or more ............................... 1,000
16-6 (B) county with a population of under
16-7 200,000 ................................. 600
16-8 (13) [(15)] justice of the peace or constable:
16-9 (A) county with a population of 200,000
16-10 or more ................................. 800
16-11 (B) county with a population of under
16-12 200,000 ................................. 300
16-13 (14) [(16)] county surveyor, inspector of hides and
16-14 animals, or public weigher .................... 50
16-15 (15) [(17)] office of the county government for
16-16 which this schedule does not otherwise
16-17 prescribe a fee .............................. 600
16-18 SECTION 19. Section 202.001, Election Code, is amended to
16-19 read as follows:
16-20 Sec. 202.001. APPLICABILITY OF CHAPTER. (a) This chapter
16-21 applies to elective offices of the state and county governments
16-22 except the offices of state senator and state representative.
16-23 (b) This chapter does not apply to the office of justice or
16-24 judge of an appellate court.
16-25 SECTION 20. (a) Each appellate court justice or judge in
16-26 office January 1, 2002, unless otherwise removed as provided by
16-27 law, continues in office subject to this section.
17-1 (b) Each appellate court justice or judge who is in office
17-2 January 1, 2002, is subject to retention or rejection, in the
17-3 manner provided by law, at the general election preceding the
17-4 expiration of the regular or unexpired term for which each was
17-5 elected or appointed.
17-6 SECTION 21. This Act takes effect only if the constitutional
17-7 amendment proposed by the 77th Legislature, Regular Session, 2001,
17-8 providing for gubernatorial appointment to fill vacancies in the
17-9 offices of appellate justices and judges and for nonpartisan
17-10 retention elections for those justices and judges is adopted. If
17-11 the amendment is adopted, this Act takes effect January 1, 2002.