C.S.H.B. 1583 78(R)    BILL ANALYSIS


C.S.H.B. 1583
By: Gallego
Judicial Affairs
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Under current law, an unopposed candidate for a judicial election may
raise campaign contributions for a period beginning 210 days before the
filing deadline and ending 120 days after the date of the primary
election.  Some believe that this allows unopposed judicial candidates to
amass unneeded "war chests" and subjects such candidates to undue
influence by their campaign contributors.   

C.S.H.B. 1583 shortens the period during which an unopposed candidate may
accept campaign contributions to 120 days after the filing deadline,
rather than 120 days after the primary election. The bill also provides
that unopposed judicial candidates can resume campaign fund-raising if
confronted with an independent or write-in challenger.  

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS

C.S.H.B. 1583 amends the Election Code to provide that a judicial
candidate may not knowingly accept a political contribution after 120 days
after the filing deadline if that candidate does not have an opponent in
the primary election or for nomination by convention and will not have an
opponent in the general election.  This prohibition applies as well to
officeholders, specific-purpose committees supporting or opposing a
judicial candidate, and specific-purpose committees assisting a judicial
officeholder.   

The bill provides that the determination of whether a judicial candidate
will have an opponent in the general election is to be made on the day
after the filing deadline for a place on the ballot or for nomination by
convention.   

The bill provides that notwithstanding other sections of the Election Code
as amended by this bill, a judicial candidate previously barred from
accepting campaign contributions due to lack of an opponent may accept
such contributions beginning on the date another person files a
declaration of intent to run as an independent candidate or a declaration
of write-in candidacy.   

EFFECTIVE DATE

September 1, 2003.


COMPARISON OF ORIGINAL TO SUBSTITUTE

In the original, a candidate is unopposed who does not have an opponent in
the primary election or for nomination by convention, and does not have a
major-party opponent in the general election. Under the substitute, a
candidate is not unopposed simply because he or she does not have a major
party opponent.  The substitute also makes 120 days after the filing
deadline the last day that an unopposed candidate can accept a campaign
contribution.   

The substitute contains a provision for a previously unopposed candidate
to accept contributions  upon the filing of a declaration of intent by an
independent candidate or a write-in candidate, a provision not contained
in the original.