H.B. 2158 78(R)    BILL ANALYSIS


H.B. 2158
By: Hartnett
Judicial Affairs
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

Under current law, an unopposed candidate for a judicial election may
raise campaign contributions for both the primary and general elections.
Some parties believe that this allows unopposed judicial candidates to
amass unneeded "war chests" and subjects such candidates to undue
influence by their campaign contributors.   

H.B. 2158 restricts amount of funds raised by unopposed judicial
candidates by considering the primary and the general election to be a
single "election" for the purpose of campaign contribution limits.  Take
for example a candidate who, if opposed, would raise $10,000 in the
primary and $10,000 in the general election, for a total of $20,000.  If
unopposed in either the primary or the general election, this candidate
would be limited to collecting $10,000.   

To compensate for the lack of a second fund raising opportunity, H.B. 2158
provides that such unopposed candidates may raise an amount up to 25% more
than the current contribution limits allow.  In the example above, the
candidate would be able to raise $12,500.  However, the bill provides that
this extra money ($2,500 in the example) can only be used for officeholder
expenditures.   

A similar bill, S.B. 822 (West, R.) passed the Senate in 2001 but was
never heard by the House Committee on Judicial Affairs.  In addition, H.B.
1583 (Gallego) has been filed to regulate the timing of campaign
contributions to unopposed judicial candidates.   


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

H.B. 2158 amends the Election Code to provide that the general primary
election and the general election are deemed to be one a single election
for the purposes of campaign contribution amount limits if the candidate
is unopposed in the primary or does not have an opponent in the general
election whose name is to appear on the ballot.   

The bill raises the contribution limits for such unopposed candidates by
25%, but provides that this additional money may only be used for
officeholder expenditure.   

The bill also deletes provisions made redundant by other sections of the
Election Code.   

EFFECTIVE DATE

September 1, 2003.