By:  Duncan, Ellis                                     S.B. No. 129
 1-1     printer.)
 1-2                            A BILL TO BE ENTITLED
 1-3                                   AN ACT
 1-4     relating to the appointment and nonpartisan retention or rejection
 1-5     of appellate justices and judges and to elimination of a
 1-6     straight-party vote in connection with district judges.
 1-7           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-8           SECTION 1.  Chapter 22, Government Code, is amended by adding
 1-9     Subchapter E to read as follows:
1-10                 SUBCHAPTER E.  APPOINTMENT AND RETENTION OF
1-11                             JUSTICES AND JUDGES
1-12           Sec. 22.401.  APPOINTMENT AND RETENTION CYCLE.  (a)  In
1-13     conjunction with the last general election for state and county
1-14     officers to be held before the end of a term of office to which a
1-15     justice or judge is appointed or retained, the justice or judge is
1-16     subject to retention or rejection at the nonpartisan judicial
1-17     retention election in accordance with Chapter 291, Election Code.
1-18           (b)  If a justice or judge does not seek retention, or
1-19     withdraws from the retention election, as provided by Chapter 291,
1-20     Election Code, the vacancy existing at the beginning of the
1-21     succeeding term shall be filled in the manner prescribed by the
1-22     Texas Constitution.
1-23           (c)  If a vacancy occurs in the office of a justice or judge
 2-1     seeking retention and the justice's or judge's name is omitted from
 2-2     the retention election ballot under Chapter 291, Election Code, the
 2-3     vacancy shall be filled in the manner prescribed by the Texas
 2-4     Constitution.
 2-5           Sec. 22.402.  EFFECT OF RETENTION VOTE.  (a)  If a majority
 2-6     of the votes received on the question are for the retention of the
 2-7     justice or judge, the person is entitled to remain in office for a
 2-8     regular term of six years beginning on the first day of the
 2-9     following January, unless the person becomes ineligible or is
2-10     removed as provided by law.
2-11           (b)  If less than a majority of the votes received on the
2-12     question are for retention, a vacancy in the office exists on the
2-13     first day of the following January, and the vacancy shall be filled
2-14     in the manner prescribed by the Texas Constitution.
2-15           (c)  If the name of a justice or judge seeking retention
2-16     appears on the retention election ballot under Chapter 291,
2-17     Election Code, although a vacancy has occurred in the office, the
2-18     retention election for that office has no effect, and the vacancy
2-19     shall be filled in the manner prescribed by the Texas Constitution.
2-20           SECTION 2.  Section 41.002, Election Code, is amended to read
2-21     as follows:
2-22           Sec. 41.002.  GENERAL ELECTION FOR STATE AND COUNTY
2-23     OFFICERS.  The general election for state and county officers,
2-24     including the nonpartisan judicial retention election, shall be
2-25     held on the first Tuesday after the first Monday in November in
2-26     even-numbered years.
 3-1           SECTION 3.  The Election Code is amended by adding Title 17
 3-2     to read as follows:
 3-3             TITLE 17.  NONPARTISAN JUDICIAL RETENTION ELECTIONS
 3-4                      CHAPTER 291.  RETENTION ELECTION
 3-5           Sec. 291.001.  DECLARATION OF CANDIDACY.  (a)  Not later than
 3-6     5 p.m. on June 1 preceding the nonpartisan judicial retention
 3-7     election at which the justice or judge is subject to retention or
 3-8     rejection, a justice or judge who seeks to continue to serve in
 3-9     that office must file with the secretary of state a declaration of
3-10     candidacy to succeed to the next term.
3-11           (b)  A declaration may not be filed earlier than the 30th day
3-12     before the date of the filing deadline.  A declaration filed by
3-13     mail is considered to be filed at the time of its receipt by the
3-14     appropriate authority.
3-15           (c)  The filling of the subsequent vacancy for the office for
3-16     which a declaration of candidacy is not filed is covered by Chapter
3-17     22, Government Code.
3-18           Sec. 291.002.  WITHDRAWAL, DEATH, OR INELIGIBILITY.
3-19     (a)  With respect to withdrawal, death, or ineligibility of a
3-20     candidate in a nonpartisan judicial retention election, this
3-21     section supersedes Subchapter A, Chapter 145, to the extent of any
3-22     conflict.
3-23           (b)  A candidate may not withdraw from the retention election
3-24     after the 65th day before election day.
3-25           (c)  A withdrawal request must be filed with the authority
3-26     with whom the withdrawing candidate's declaration of candidacy is
 4-1     required to be filed.
 4-2           (d)  A candidate's name shall be omitted from the retention
 4-3     election ballot if the candidate withdraws, dies, or is declared
 4-4     ineligible on or before the 65th day before election day.
 4-5           (e)  If a candidate who has made a declaration of candidacy
 4-6     that complies with the applicable requirements dies or is declared
 4-7     ineligible after the 65th day before election day, the candidate's
 4-8     name shall be placed on the retention election ballot.
 4-9           (f)  The filling of the subsequent vacancy for the office
4-10     following implementation of Subsection (d) or (e) is covered by
4-11     Chapter 22, Government Code.
4-12           Sec. 291.003.  CERTIFICATION OF NAMES FOR PLACEMENT ON
4-13     RETENTION ELECTION BALLOT.  (a)  Except as provided by Subsection
4-14     (c), the secretary of state shall certify in writing for placement
4-15     on the nonpartisan judicial retention election ballot the name of
4-16     each candidate who files with the secretary a declaration of
4-17     candidacy that complies with Section 291.001.
4-18           (b)  Not later than the 55th day before election day, the
4-19     secretary of state shall deliver the certification to the authority
4-20     responsible for having the official ballot prepared in each county
4-21     in which the candidate's name is to appear on the ballot.
4-22           (c)  A candidate's name may not be certified if, before
4-23     delivering the certification, the secretary of state learns that
4-24     the name is to be omitted from the ballot under Section 291.002.
4-25           Sec. 291.004.  RETENTION ELECTION BALLOT.  The name of the
4-26     person subject to retention or rejection shall be submitted to the
 5-1     voters on the nonpartisan judicial retention election ballot
 5-2     following the offices subject to election under the heading
 5-3     "Retention of Nonpartisan Judicial Offices," in substantially the
 5-4     following form:
 5-5                     "Shall (Justice or Judge)__________________________
 5-6                     ___________________________________________________
 5-7                     be retained in office  as (justice or judge) of the
 5-8                     (name of court)__________________________________?"
 5-9                 ____"Yes"
5-10                 ____"No"
5-11           Sec. 291.005.  GENERAL PROCEDURE FOR CONDUCT OF RETENTION
5-12     ELECTION.  (a)  Except as otherwise provided by this code, the
5-13     nonpartisan judicial retention election shall be conducted and the
5-14     results canvassed, tabulated, and reported in the manner applicable
5-15     to partisan offices in the general election for state and county
5-16     officers.
5-17           (b)  A certificate of election shall be issued to a retained
5-18     officer in the same manner as provided for a candidate elected to
5-19     the office.
5-20           Sec. 291.006.  WRITE-IN VOTING PROHIBITED.  Write-in voting
5-21     is not permitted in a nonpartisan judicial retention election.
5-22           Sec. 291.007.  POLITICAL CONTRIBUTIONS AND EXPENDITURES.  A
5-23     candidate for retention of a judicial office is subject to Title 15
5-24     and shall comply with that title in the same manner as a candidate
5-25     for election to the office.
5-26           Sec. 291.008.  APPLICABILITY OF OTHER PARTS OF CODE.  The
 6-1     other titles of this code apply to a nonpartisan judicial retention
 6-2     election except provisions that are inconsistent with this title or
 6-3     that cannot feasibly be applied in a retention election.
 6-4           Sec. 291.009.  ADDITIONAL PROCEDURES.  The secretary of state
 6-5     shall prescribe any additional procedures necessary for the orderly
 6-6     and proper administration of elections held under this chapter.
 6-7           SECTION 4.  Section 1.005, Election Code, is amended by
 6-8     amending Subdivisions (9) and (20) and adding Subdivisions (25),
 6-9     (26), and (27) to read as follows:
6-10                 (9)  "Independent candidate" means a candidate in a
6-11     nonpartisan election or a candidate in a partisan election who is
6-12     not the nominee of a political party.  The term does not include a
6-13     nonpartisan judicial candidate.
6-14                 (20)  "Straight-party vote" means a vote by a single
6-15     mark, punch, or other action by the voter for all the nominees of
6-16     one political party, except nominees for partisan district court
6-17     offices, and for no other candidates.
6-18                 (25)  "Nonpartisan judicial candidate" means a
6-19     candidate in a nonpartisan judicial retention election.
6-20                 (26)  "Nonpartisan judicial retention election" means
6-21     an election held under Chapter 291.
6-22                 (27)  "Partisan district court office" means an office
6-23     listed in Section 52.092(g).
6-24           SECTION 5.  Section 52.065, Election Code, is amended by
6-25     adding Subsection (f) to read as follows:
6-26           (f)  Partisan district court offices shall appear on the
 7-1     ballot in the same format as the other offices but under the
 7-2     heading "Partisan District Court Offices" after the listing of the
 7-3     other offices.
 7-4           SECTION 6.  Section 52.066, Election Code, is amended by
 7-5     adding Subsection (e) to read as follows:
 7-6           (e)  Partisan district court offices shall appear on the
 7-7     ballot in the same format as the other offices but under the
 7-8     heading "Partisan District Court Offices" after the listing of the
 7-9     other offices.
7-10           SECTION 7.  Subchapter C, Chapter 52, Election Code, is
7-11     amended by adding Section 52.0661 to read as follows:
7-12           Sec. 52.0661.  SEPARATE LISTING OF UNOPPOSED PARTISAN
7-13     DISTRICT COURT CANDIDATES.  (a)  Any unopposed candidates for
7-14     partisan district court offices shall be listed separately on the
7-15     ballot under the heading "Uncontested Partisan District Court
7-16     Races" following the contested races for those offices.
7-17           (b)  In the general election for state and county officers,
7-18     the party alignment of each unopposed candidate for an office
7-19     covered by this section shall be indicated next to the candidate's
7-20     name.
7-21           (c)  The secretary of state shall prescribe any procedures or
7-22     instructions necessary to implement this section.
7-23           SECTION 8.  Subsection (b), Section 52.070, Election Code, is
7-24     amended to read as follows:
7-25           (b)  Immediately below "OFFICIAL BALLOT[,]" and "Partisan
7-26     District Court Offices," if applicable, the following instruction
 8-1     shall be printed:  "Vote for the candidate of your choice in each
 8-2     race by placing an 'X' in the square beside the candidate's name."
 8-3           SECTION 9.  Section 52.071, Election Code, is amended to read
 8-4     as follows:
 8-5           Sec. 52.071.  VOTING SQUARE AND INSTRUCTION FOR
 8-6     STRAIGHT-PARTY VOTE.  (a)  On a ballot on which a party column
 8-7     appears in connection with offices other than partisan district
 8-8     court offices, a square larger than the square prescribed by
 8-9     Section 52.070(a) shall be printed to the left of each political
8-10     party's name.
8-11           (b)  The following instruction shall be added to the
8-12     instruction required by Section 52.070(b) in connection with
8-13     offices other than partisan district court offices:  "You may cast
8-14     a straight-party vote (that is, cast a vote for all the nominees of
8-15     one party, except nominees for partisan district court offices) by
8-16     placing an 'X' in the square beside the name of the party of your
8-17     choice.  If you cast a straight-party vote [for all the nominees of
8-18     one party] and also cast a vote for an opponent of one of that
8-19     party's nominees, your vote for the opponent will be counted as
8-20     well as your vote for all the other nominees of the party for which
8-21     the straight-party vote was cast."
8-22           SECTION 10.  Section 52.092, Election Code, is amended by
8-23     amending Subsections (a), (c), (d), and (g) through (j) and adding
8-24     Subsections (k) and (l) to read as follows:
8-25           (a)  For an election at which offices regularly filled at the
8-26     general election for state and county officers, including the
 9-1     nonpartisan judicial retention election, are to appear on the
 9-2     ballot, the offices shall be listed in the following order:
 9-3                 (1)  offices of the federal government;
 9-4                 (2)  offices of the state government:
 9-5                       (A)  statewide offices;
 9-6                       (B)  district offices;
 9-7                 (3)  offices of the county government:
 9-8                       (A)  county offices;
 9-9                       (B)  precinct offices.
9-10           (c)  Statewide offices of the state government shall be
9-11     listed in the following order:
9-12                 (1)  governor;
9-13                 (2)  lieutenant governor;
9-14                 (3)  attorney general;
9-15                 (4)  comptroller of public accounts;
9-16                 (5)  commissioner of the General Land Office;
9-17                 (6)  commissioner of agriculture;
9-18                 (7)  railroad commissioner[;]
9-19                 [(8)  chief justice, supreme court;]
9-20                 [(9)  justice, supreme court;]
9-21                 [(10)  presiding judge, court of criminal appeals;]
9-22                 [(11)  judge, court of criminal appeals].
9-23           (d)  District offices of the state government shall be listed
9-24     in the following order:
9-25                 (1)  member, State Board of Education;
9-26                 (2)  state senator;
 10-1                (3)  state representative;
 10-2                (4)  [chief justice, court of appeals;]
 10-3                [(5)  justice, court of appeals;]
 10-4                [(6)  district judge;]
 10-5                [(7)  criminal district judge;]
 10-6                [(8)  family district judge;]
 10-7                [(9)]  district attorney;
 10-8                (5) [(10)]  criminal district attorney.
 10-9          (g)  Partisan district court offices shall be listed in the
10-10    following order:
10-11                (1)  district judge;
10-12                (2)  criminal district judge;
10-13                (3)  family district judge.
10-14          (h)  Nonpartisan judicial retention election offices shall be
10-15    listed in the following order:
10-16                (1)  chief justice, supreme court;
10-17                (2)  justice, supreme court;
10-18                (3)  presiding judge, court of criminal appeals;
10-19                (4)  judge, court of criminal appeals;
10-20                (5)  chief justice, court of appeals;
10-21                (6)  justice, court of appeals.
10-22          (i)  If two or more offices having the same title except for
10-23    a place number or other distinguishing number are to appear on the
10-24    ballot, the number shall appear as part of the office title and the
10-25    offices shall be listed in numerical order.
10-26          (j) [(h)]  The secretary of state shall assign a place number
 11-1    to each position to be voted on [filled] at the nonpartisan
 11-2    judicial retention [general] election for [state and county
 11-3    officers for each full or unexpired term in] the following offices:
 11-4                (1)  justice, supreme court;
 11-5                (2)  judge, court of criminal appeals; and
 11-6                (3)  justice, court of appeals in a court having a
 11-7    membership in excess of three, if distinguishing the positions to
 11-8    be filled is necessary.
 11-9          (k) [(i)]  The secretary of state shall designate the
11-10    position of new offices on the ballot.
11-11          (l) [(j)]  The office of judge of a multicounty statutory
11-12    county court created under Subchapter D, Chapter 25, Government
11-13    Code, is considered to be a county office for purposes of listing
11-14    the office on the ballot and to be a district office for all other
11-15    purposes under this code.
11-16          SECTION 11.  Subsections (b) and (c), Section 65.007,
11-17    Election Code, are amended to read as follows:
11-18          (b)  Except as provided by Subsection (c) or (d), each
11-19    straight-party vote shall be tallied for the party receiving the
11-20    vote instead of being tallied for the individual candidates of the
11-21    party.  The total number of straight-party votes tallied for each
11-22    party shall be added to the total votes received for each of the
11-23    party nominees individually, except nominees for partisan district
11-24    court offices.
11-25          (c)  If a ballot indicates a straight-party vote and a vote
11-26    for an opponent of one or more of that party's nominees, a vote
 12-1    shall be counted for the opponent and for each of the party's other
 12-2    nominees, except nominees for partisan district court offices,
 12-3    whether or not any of those nominees have received individual
 12-4    votes.
 12-5          SECTION 12.  Subchapter A, Chapter 124, Election Code, is
 12-6    amended by amending Section 124.003 and by adding Section 124.0031
 12-7    to read as follows:
 12-8          Sec. 124.003.  SEPARATE LISTING OF UNOPPOSED CANDIDATES[;
 12-9    BLOC VOTING].  (a)  Any unopposed candidates, except candidates for
12-10    partisan district court offices, may be listed separately under the
12-11    heading "Uncontested Races" on a voting system ballot or ballot
12-12    label.
12-13          (b)  In an election in which the ballots indicate political
12-14    party alignment, the party alignment of the candidates listed under
12-15    the uncontested races heading shall be indicated next to the
12-16    candidate's name.
12-17          (c)  Candidates listed under the uncontested races heading
12-18    may be arranged in a manner requiring voting on them as one or more
12-19    groups [blocs], but only if an additional ballot or ballot label
12-20    would otherwise be necessary to accommodate all the candidates and
12-21    propositions to be listed.
12-22          (d)  The requirement that the ballot or ballot label be
12-23    arranged to permit straight-party voting does not apply to
12-24    candidates listed under the uncontested races heading.
12-25          Sec. 124.0031.  SEPARATE LISTING OF UNOPPOSED PARTISAN
12-26    DISTRICT COURT CANDIDATES.  Candidates listed under the uncontested
 13-1    partisan district court races heading may be arranged in a manner
 13-2    requiring voting on them as one or more groups, but only if an
 13-3    additional ballot or ballot label would otherwise be necessary to
 13-4    accommodate all the candidates and propositions to be listed.
 13-5          SECTION 13.  Subsection (b), Section 124.061, Election Code,
 13-6    is amended to read as follows:
 13-7          (b)  A punch-card ballot label may comprise as many separate
 13-8    sheets as are necessary to list the candidates and propositions
 13-9    stating measures to be voted on in an election.  If more than one
13-10    sheet is used, the first sheet of the sequence must [shall]
13-11    indicate the fact that the ballot is continued on one or more
13-12    additional sheets and must indicate the sheet on which the listing
13-13    of partisan district court offices, if any, begins.  Sheets in the
13-14    same sequence may be identified by any method that will facilitate
13-15    voting or ballot processing and not confuse the voters.
13-16          SECTION 14.  Subsection (a), Section 124.063, Election Code,
13-17    is amended to read as follows:
13-18          (a)  An electronic system ballot on which a voter indicates a
13-19    vote by punching a hole in the ballot must contain the following
13-20    instruction if candidates are to be voted on:  "Vote for the
13-21    candidate of your choice in each race by making a punch hole in the
13-22    space provided adjacent to the name of that candidate."  The ballot
13-23    must contain the same instruction in conjunction with any partisan
13-24    district court offices appearing on the ballot.  If a proposition
13-25    appears on the ballot, the ballot must contain the following
13-26    instruction:  "Make a punch hole in the space provided beside the
 14-1    statement indicating the way you desire to vote."
 14-2          SECTION 15.  Subsection (b), Section 145.003, Election Code,
 14-3    is amended to read as follows:
 14-4          (b)  A candidate in the general election for state and county
 14-5    officers, including the nonpartisan judicial retention election,
 14-6    may be declared ineligible before the 30th day preceding election
 14-7    day by:
 14-8                (1)  the party officer responsible for certifying the
 14-9    candidate's name for placement on the general election ballot, in
14-10    the case of a candidate who is a political party's nominee; or
14-11                (2)  the authority with whom the candidate's
14-12    application for a place on the ballot or declaration of candidacy
14-13    is required to be filed, in the case of an independent candidate or
14-14    a nonpartisan judicial candidate, as applicable.
14-15          SECTION 16.  Subsection (a), Section 145.005, Election Code,
14-16    is amended to read as follows:
14-17          (a)  If the name of a deceased or ineligible candidate
14-18    appears on the ballot [under this chapter], the votes cast for the
14-19    candidate shall be counted and entered on the official election
14-20    returns in the same manner as for the other candidates.
14-21          SECTION 17.  Subsection (e), Section 172.021, Election Code,
14-22    is amended to read as follows:
14-23          (e)  A candidate for an office specified by Section
14-24    172.024(a)(8) or[,] (10)[, or (12)], or for justice of the peace in
14-25    a county with a population of more than one million [850,000], who
14-26    chooses to pay the filing fee must also accompany the application
 15-1    with a petition that complies with the requirements prescribed for
 15-2    the petition authorized by Subsection (b), except that the minimum
 15-3    number of signatures that must appear on the petition required by
 15-4    this subsection is 250.  If the candidate chooses to file the
 15-5    petition authorized by Subsection (b) instead of the filing fee,
 15-6    the minimum number of signatures required for that petition is
 15-7    increased by 250.  Signatures on a petition filed under this
 15-8    subsection or Subsection (b) by a candidate covered by this
 15-9    subsection may not be obtained on the grounds of a county
15-10    courthouse or courthouse annex.
15-11          SECTION 18.  Subsection (a), Section 172.024, Election Code,
15-12    is amended to read as follows:
15-13          (a)  The filing fee for a candidate for nomination in the
15-14    general primary election is as follows:
15-15                (1)  United States senator ..................... $4,000
15-16                (2)  office elected statewide, except United States
15-17                     senator .................................... 3,000
15-18                (3)  United States representative ............... 2,500
15-19                (4)  state senator .............................. 1,000
15-20                (5)  state representative ......................... 600
15-21                (6)  member, State Board of Education ............. 250
15-22                (7)  [chief justice or justice, court of appeals, other
15-23                     than a justice  specified  by   Subdivision (8)
15-24                     ............................................ 1,500]
15-25                [(8)  chief justice or justice of a court of appeals
15-26                     that serves a court of appeals district in which a
 16-1                     county with a population of more than 850,000 is
 16-2                     wholly or partly situated .................. 2,000]
 16-3                [(9)]  district judge or judge specified by Section
 16-4                     52.092(g) [52.092(d)] for which this schedule does
 16-5                     not otherwise prescribe a fee .............. 1,200
 16-6                (8) [(10)]  district or criminal district judge of a
 16-7                    court in a judicial district wholly contained in a
 16-8                    county with a population of more than one million
 16-9                    [850,000] ................................... 2,000
16-10                (9) [(11)]  judge, statutory county court, other   than
16-11                    a   judge  specified  by  Subdivision   (10)
16-12                    [(12)] ...................................... 1,200
16-13                (10) [(12)]  judge of a statutory county court in a
16-14                     county with a population of more than one million
16-15                     [850,000] .................................. 2,000
16-16                (11) [(13)]  district attorney, criminal district
16-17                     attorney, or county attorney performing the duties
16-18                     of a district attorney ..................... 1,000
16-19                (12) [(14)]  county commissioner or judge,
16-20                     constitutional county court:
16-21                     (A)  county    with   a    population  of  200,000
16-22                          or more ............................... 1,000
16-23                     (B)  county   with   a    population    of   under
16-24                          200,000 ................................. 600
16-25                (13) [(15)]  justice of the peace or constable:
16-26                     (A)  county   with   a   population   of   200,000
 17-1                          or more ................................. 800
 17-2                     (B)  county   with   a    population    of   under
 17-3                          200,000 ................................. 300
 17-4                (14) [(16)]  county surveyor, inspector of hides and
 17-5                     animals, or public weigher .................... 50
 17-6                (15) [(17)]  office of the  county  government for
 17-7                     which this    schedule    does    not otherwise
 17-8                     prescribe a fee .............................. 600
 17-9          SECTION 19.  Section 202.001, Election Code, is amended to
17-10    read as follows:
17-11          Sec. 202.001.  APPLICABILITY OF CHAPTER.  (a)  This chapter
17-12    applies to elective offices of the state and county governments
17-13    except the offices of state senator and state representative.
17-14          (b)  This chapter does not apply to the office of justice or
17-15    judge of an appellate court.
17-16          SECTION 20.  (a)  Each appellate court justice or judge in
17-17    office January 1, 2002, unless otherwise removed as provided by
17-18    law, continues in office subject to this section.
17-19          (b)  Each appellate court justice or judge who is in office
17-20    January 1, 2002, is subject to retention or rejection, in the
17-21    manner provided by law, at the general election preceding the
17-22    expiration of the regular or unexpired term for which each was
17-23    elected or appointed.
17-24          SECTION 21.  This Act takes effect only if the constitutional
17-25    amendment proposed by the 77th Legislature, Regular Session, 2001,
17-26    providing for gubernatorial appointment to fill vacancies in the
 18-1    offices of appellate justices and judges and for nonpartisan
 18-2    retention elections for those justices and judges is adopted.  If
 18-3    the amendment is adopted, this Act takes effect January 1, 2002.
 18-4                                 * * * * *