78R2871 ESH-D

By:  Gallego                                                      H.B. No. 1582


A BILL TO BE ENTITLED
AN ACT
relating to nonpartisan elections for statewide judicial office, to the regulation of political contributions and expenditures in connection with statewide judicial office, and to the public financing of campaigns for statewide judicial office; providing civil and criminal penalties. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. NONPARTISAN ELECTIONS FOR
STATEWIDE JUDICIAL OFFICE
SECTION 1.01. The Election Code is amended by adding Title 17 to read as follows:
TITLE 17. NONPARTISAN JUDICIAL ELECTIONS CHAPTER 291. NONPARTISAN JUDICIAL ELECTION SUBCHAPTER A. NONPARTISAN ELECTION OF JUDGES GENERALLY
Sec. 291.001. APPLICABILITY OF CHAPTER. (a) This chapter applies only to the offices of: (1) chief justice and justice, supreme court; and (2) presiding judge and judge, court of criminal appeals. (b) A justice or judge is subject to nonpartisan election in accordance with this chapter at the last nonpartisan judicial general election to be held before the date the term of the office expires. Sec. 291.002. PARTY NOMINATION PROHIBITED. Nomination of a candidate for election to a nonpartisan judicial office by a political party is prohibited. Sec. 291.003. VOTE REQUIRED FOR ELECTION. (a) To be elected to a nonpartisan judicial office, a candidate must receive a majority of the total number of votes received by all candidates for the office. (b) If no candidate for a particular office receives the vote required for election, a runoff election for that office is required. Except as otherwise provided by this chapter, Subchapter B, Chapter 2, applies to a runoff election held under this chapter. Sec. 291.004. APPLICABILITY OF OTHER PARTS OF CODE. The other titles of this code apply to a nonpartisan judicial election except provisions that are inconsistent with this title or that cannot feasibly be applied in a nonpartisan judicial election. Sec. 291.005. ADDITIONAL PROCEDURES. The secretary of state shall prescribe any additional procedures necessary for the orderly and proper administration of elections held under this chapter.
[Sections 291.006-291.020 reserved for expansion] SUBCHAPTER B. APPLICATION FOR PLACE ON BALLOT
Sec. 291.021. APPLICATION REQUIRED. (a) To be entitled to a place on the nonpartisan judicial election ballot, a candidate must make an application for a place on the ballot. (b) An application must, in addition to complying with Section 141.031, be accompanied by the appropriate filing fee or, instead of the filing fee, a petition that satisfies the requirements prescribed by Section 141.062. (c) An application filed by mail is considered to be filed at the time of its receipt by the appropriate authority. Sec. 291.022. AUTHORITY WITH WHOM APPLICATION FILED. An application for a place on the nonpartisan judicial election ballot must be filed with the secretary of state. Sec. 291.023. REGULAR FILING DEADLINE. (a) An application for a place on the nonpartisan judicial election ballot must be filed not later than 5 p.m. of the 120th day before election day, except as provided by Sections 291.053 and 202.008. (b) An application may not be filed earlier than the 30th day before the date of the regular filing deadline. Sec. 291.024. FILING FEE. (a) The filing fee for a nonpartisan judicial candidate is $3,000. (b) A filing fee received by the secretary of state shall be deposited in the state treasury to the credit of the general revenue fund. Sec. 291.025. NUMBER OF PETITION SIGNATURES REQUIRED. The petition authorized by Section 291.021 must be signed by at least 5,000 registered voters in this state. Sec. 291.026. STATEMENT ON PETITION. The following statement must appear at the top of each page of a petition to be filed under Section 291.021: "I know that the purpose of this petition is to entitle (insert candidate's name) to have his or her name placed on the ballot for the office of (insert office title, including any place number) for the nonpartisan judicial election." Sec. 291.027. CERTIFICATION OF NAMES FOR PLACEMENT ON NONPARTISAN JUDICIAL GENERAL ELECTION BALLOT. (a) Except as provided by Subsection (c), the secretary of state shall certify in writing for placement on the nonpartisan judicial general election ballot the name of each candidate who files with the secretary an application that complies with Section 291.021(b). (b) Not later than the 55th day before election day, the secretary of state shall deliver the certification to the authority responsible for having the official ballot prepared in each county. (c) A candidate's name may not be certified: (1) if, before delivering the certification, the secretary of state learns that the name is to be omitted from the ballot under Section 291.054; or (2) for an office for which the candidate's application is invalid under Section 141.033.
[Sections 291.028-291.050 reserved for expansion]
SUBCHAPTER C. WITHDRAWAL, DEATH, AND INELIGIBILITY OF CANDIDATE
Sec. 291.051. WITHDRAWAL, DEATH, OR INELIGIBILITY GENERALLY. With respect to withdrawal, death, or ineligibility of a candidate in a nonpartisan judicial election, this subchapter supersedes Subchapter A, Chapter 145, to the extent of any conflict. Sec. 291.052. WITHDRAWAL FROM NONPARTISAN JUDICIAL GENERAL ELECTION. (a) A candidate may not withdraw from the nonpartisan judicial general election after the 65th day before election day. (b) A withdrawal request must be filed with the secretary of state. Sec. 291.053. EXTENDED FILING DEADLINE. (a) The deadline for filing an application for a place on the nonpartisan judicial general election ballot is extended as provided by this section if a candidate who has made an application that complies with the applicable requirements: (1) dies on or after the fifth day before the date of the regular filing deadline and on or before the 65th day before election day; (2) holds the office for which the application was made and withdraws or is declared ineligible on or after the date of the regular filing deadline and on or before the 65th day before election day; or (3) withdraws or is declared ineligible during the period prescribed by Subdivision (2), and at the time of the withdrawal or declaration of ineligibility no other candidate has made an application that complies with the applicable requirements for the office sought by the withdrawn or ineligible candidate. (b) If the deadline for filing applications for an office is extended, an application must be filed not later than 5 p.m. of the 60th day before election day. Notice of the extended filing shall be given in the same manner as provided under Section 172.055 for a primary election. Sec. 291.054. WITHDRAWN, DECEASED, OR INELIGIBLE CANDIDATE'S NAME OMITTED FROM NONPARTISAN JUDICIAL GENERAL ELECTION BALLOT. A candidate's name shall be omitted from the nonpartisan judicial general election ballot if the candidate withdraws, dies, or is declared ineligible on or before the 65th day before election day. Sec. 291.055. DECEASED OR INELIGIBLE CANDIDATE'S NAME TO APPEAR ON NONPARTISAN JUDICIAL GENERAL ELECTION BALLOT. If a candidate who has made an application for a place on the nonpartisan judicial general election ballot that complies with the applicable requirements dies or is declared ineligible after the 65th day before election day, the candidate's name shall be placed on the nonpartisan judicial general election ballot. Sec. 291.056. WITHDRAWAL FROM RUNOFF. (a) A candidate may not withdraw from the nonpartisan judicial runoff election after 5 p.m. of the 10th day after the date of the nonpartisan judicial general election. (b) A withdrawal request for the runoff must be filed with the authority with whom the withdrawing candidate's application for a place on the ballot is required to be filed. (c) If a runoff candidate withdraws, the remaining candidate is the winner and the runoff election for that office is not held. Sec. 291.057. DECEASED OR INELIGIBLE CANDIDATE'S NAME TO APPEAR ON RUNOFF BALLOT. If a candidate in the nonpartisan judicial runoff election dies or is declared ineligible before runoff election day, the candidate's name shall be placed on the ballot.
[Sections 291.058-291.070 reserved for expansion] SUBCHAPTER D. CONDUCT OF ELECTION
Sec. 291.071. NONPARTISAN JUDICIAL ELECTION BALLOT. The nonpartisan judicial offices and candidates shall be listed as a separate ballot on the general election ballot following the partisan offices under the heading "Election For Nonpartisan Judicial Offices." Sec. 291.072. GENERAL PROCEDURE FOR CONDUCT OF NONPARTISAN JUDICIAL ELECTION. Except as otherwise provided by this code, the nonpartisan judicial election shall be conducted and the results canvassed, tabulated, and reported in the manner applicable to partisan offices in the general election for state and county officers. Sec. 291.073. CERTIFICATION OF CANDIDATES FOR PLACEMENT ON RUNOFF BALLOT. (a) The secretary of state shall certify in writing for placement on the nonpartisan judicial runoff election ballot the name of each candidate who is to be a candidate in the runoff. (b) The secretary of state shall deliver the certification to the authority responsible for having the official ballot prepared in each county as soon as practicable after the state canvass of the nonpartisan judicial general election is completed. Sec. 291.074. GENERAL PROCEDURE FOR CONDUCT OF NONPARTISAN JUDICIAL RUNOFF ELECTION. The nonpartisan judicial runoff election shall be conducted and the results canvassed, tabulated, and reported in the same manner as the nonpartisan judicial general election. SECTION 1.02. Section 1.005, Election Code, is amended by amending Subdivision (9) and adding Subdivisions (25) and (26) to read as follows: (9) "Independent candidate" means a candidate in a nonpartisan election or a candidate in a partisan election who is not the nominee of a political party. The term does not include a nonpartisan judicial candidate. (25) "Nonpartisan judicial candidate" means a candidate in a nonpartisan judicial election. (26) "Nonpartisan judicial election" means an election held under Chapter 291. SECTION 1.03. Section 41.002, Election Code, is amended to read as follows: Sec. 41.002. GENERAL ELECTION FOR STATE AND COUNTY OFFICERS. (a) The general election for state and county officers, including the nonpartisan judicial general election, shall be held on the first Tuesday after the first Monday in November in even-numbered years. (b) Any nonpartisan judicial runoff election shall be held on the first Tuesday after the first Monday in December following the general election. SECTION 1.04. Section 52.092, Election Code, is amended by amending Subsections (a), (c), and (h) and adding Subsections (f-1) and (g-1) to read as follows: (a) For an election at which offices regularly filled at the general election for state and county officers, including the nonpartisan judicial election, are to appear on the ballot, the offices shall be listed in the following order: (1) offices of the federal government; (2) offices of the state government: (A) statewide offices; (B) district offices; (3) offices of the county government: (A) county offices; (B) precinct offices. (c) Statewide offices of the state government shall be listed in the following order: (1) governor; (2) lieutenant governor; (3) attorney general; (4) comptroller of public accounts; (5) commissioner of the General Land Office; (6) commissioner of agriculture; (7) railroad commissioner[; [(8) chief justice, supreme court; [(9) justice, supreme court; [(10) presiding judge, court of criminal appeals; [(11) judge, court of criminal appeals]. (f-1) The nonpartisan judicial offices shall be listed in the following order: (1) chief justice, supreme court; (2) justice, supreme court; (3) presiding judge, court of criminal appeals; (4) judge, court of criminal appeals. (g-1) The secretary of state shall assign a place number to each position to be filled at the nonpartisan judicial election for each full or unexpired term in the following offices: (1) justice, supreme court; and (2) judge, court of criminal appeals. (h) The secretary of state shall assign a place number to each position to be filled at the general election for state and county officers for each full or unexpired term in the office of [following offices: [(1) justice, supreme court; [(2) judge, court of criminal appeals; and [(3)] justice, court of appeals in a court having a membership in excess of three, if distinguishing the positions to be filled is necessary. SECTION 1.05. Section 141.001(a), Election Code, is amended to read as follows: (a) To be eligible to be a candidate for, or elected or appointed to, a public elective office in this state, a person must: (1) be a United States citizen; (2) be 18 years of age or older on the first day of the term to be filled at the election or on the date of appointment, as applicable; (3) have not been determined mentally incompetent by a final judgment of a court; (4) have not been finally convicted of a felony from which the person has not been pardoned or otherwise released from the resulting disabilities; (5) have resided continuously in the state for 12 months and in the territory from which the office is elected for six months immediately preceding the following date: (A) for a candidate whose name is to appear on a general primary election ballot, the date of the regular filing deadline for a candidate's application for a place on the ballot; (B) for an independent candidate or a nonpartisan judicial candidate, the date of the regular filing deadline for a candidate's application for a place on the ballot; (C) for a write-in candidate, the date of the election at which the candidate's name is written in; (D) for a party nominee who is nominated by any method other than by primary election, the date the nomination is made; and (E) for an appointee to an office, the date the appointment is made; and (6) satisfy any other eligibility requirements prescribed by law for the office. SECTION 1.06. Section 145.003(b), Election Code, is amended to read as follows: (b) A candidate in the general election for state and county officers, including the nonpartisan judicial general election, may be declared ineligible before the 30th day preceding election day by: (1) the party officer responsible for certifying the candidate's name for placement on the general election ballot, in the case of a candidate who is a political party's nominee; or (2) the authority with whom the candidate's application for a place on the ballot is required to be filed, in the case of an independent candidate or a nonpartisan judicial candidate, as applicable. SECTION 1.07. Section 145.005(a), Election Code, is amended to read as follows: (a) If the name of a deceased or ineligible candidate appears on the ballot [under this chapter], the votes cast for the candidate shall be counted and entered on the official election returns in the same manner as for the other candidates. SECTION 1.08. Section 146.021, Election Code, is amended to read as follows: Sec. 146.021. APPLICABILITY OF SUBCHAPTER. This subchapter applies to a write-in candidate for an office that is to be voted on at the general election for state and county officers, including the nonpartisan judicial general election. SECTION 1.09. Chapter 202, Election Code, is amended by amending Section 202.002 and adding Section 202.008 to read as follows: Sec. 202.002. VACANCY FILLED AT GENERAL ELECTION. (a) If a vacancy occurs on or before the 65th day before the date of the general election for state and county officers, including the nonpartisan judicial general election, held in the next-to-last even-numbered year of a term of office, the remainder of the unexpired term shall be filled at the next such general election [for state and county officers], as provided by this chapter. (b) If a vacancy occurs after the 65th day before the applicable [a] general election day, an election for the unexpired term may not be held at that general election. The appointment to fill the vacancy continues until the next succeeding applicable general election and until a successor has been elected and has qualified for the office. Sec. 202.008. FILING DEADLINE FOR APPLICATION OF NONPARTISAN JUDICIAL CANDIDATE. (a) If a vacancy in a nonpartisan judicial office occurs on or before the 10th day before the date of the regular deadline for filing an application for a place on the nonpartisan judicial general election ballot, an application for the unexpired term must be filed by the regular filing deadline. (b) If the vacancy occurs after the 10th day before the date of the regular filing deadline, an application for the unexpired term must be filed not later than 5 p.m. of the 15th day after the date the vacancy occurs or 5 p.m. of the 60th day before election day, whichever is earlier. (c) The filing fee or petition requirements for a candidate for an unexpired term are the same as for a candidate for a full term. SECTION 1.10. Each justice or judge holding a statewide judicial office on September 1, 2003, unless otherwise removed as provided by law, continues in office for the term to which elected or for the period for which appointed, as applicable.
ARTICLE 2. CAMPAIGN FINANCE FOR STATEWIDE JUDICIAL OFFICE
SECTION 2.01. Title 15, Election Code, is amended by adding Chapter 259 to read as follows:
CHAPTER 259. PUBLIC FINANCING OF STATEWIDE JUDICIAL CAMPAIGNS SUBCHAPTER A. GENERAL PROVISIONS
Sec. 259.001. APPLICABILITY OF CHAPTER. This chapter applies only to the offices of: (1) chief justice and justice, supreme court; and (2) presiding judge and judge, court of criminal appeals. Sec. 259.002. DEFINITION. In this chapter, "fund" means the judicial campaign financing fund established under Subchapter C. Sec. 259.003. EFFECT OF ACCEPTING PUBLIC MONEY. By accepting money from the fund, a candidate agrees to not accept political contributions not authorized by this chapter.
[Sections 259.004-259.010 reserved for expansion]
SUBCHAPTER B. ELIGIBILITY FOR PUBLIC FINANCING
Sec. 259.011. REQUIREMENTS FOR ELIGIBILITY GENERALLY. To be eligible to receive public financing under this chapter, a candidate for an office covered by this chapter must: (1) file with the commission a petition that satisfies the requirements prescribed by: (A) Section 141.062, as if the petition were a petition filed in connection with a candidate's application for a place on the ballot; and (B) Section 259.013; and (2) receive political contributions in the amount and within the period prescribed by Section 259.014. Sec. 259.012. CERTIFICATION OF CANDIDATE AS CONDITIONALLY ELIGIBLE. (a) Not later than the fifth day after the date an application for a place on the nonpartisan judicial election ballot is required to be filed, the secretary of state shall certify in writing to the commission each person who is a candidate for an office covered by this chapter as conditionally eligible for public financing. (b) Not later than the fifth day after the date the secretary of state certifies a candidate for placement on the list of write-in candidates as a candidate for an office covered by this chapter, the secretary shall certify the candidate in writing to the commission as conditionally eligible for public financing. (c) The secretary of state shall deliver a copy of a certification under this section to the affected candidate. Sec. 259.013. PETITION REQUIREMENTS. (a) A petition in connection with a request for public financing must be signed by at least 1,000 registered voters in this state, at least 500 of whom are licensed to practice law in this state. Not more than 20 percent of the signers may be residents of the same county. A person may not sign a petition for more than one candidate for the same office. (b) The signatures of persons who are licensed to practice law in this state must: (1) be on sheets that are separate from the signatures of other persons; and (2) be accompanied by each person's State Bar of Texas registration number. (c) A person who signs a petition under this section must, at the time of signing, make a political contribution to the candidate of at least $5 and not more than $100. A political contribution accepted under this subsection must be in the form of cash or a check. (d) A candidate requesting public financing under this chapter must file the petition with the commission not later than the applicable deadline for filing an application for a place on the nonpartisan judicial election ballot or a declaration of write-in candidacy. (e) The circulation of a petition to be filed under this subchapter in connection with a candidate's request for public financing does not constitute candidacy or an announcement of candidacy for purposes of the automatic resignation provisions of Section 11, Article XI, or Section 65, Article XVI, Texas Constitution. Sec. 259.014. REQUIRED CAMPAIGN CONTRIBUTIONS. (a) A candidate for an office covered by this chapter must accept and receive at least $30,000 in political contributions during the period: (1) beginning on the 120th day before the date an application for a place on the nonpartisan judicial election ballot is required to be filed; and (2) ending on the June 30 preceding the date an application for a place on the nonpartisan judicial election ballot is required to be filed. (b) A candidate for an office covered by this chapter may not accept a political contribution from a person during the period prescribed by Subsection (a) that, when aggregated with all political contributions accepted by the candidate from the person during that period, would exceed $100. A candidate who receives a political contribution that would, if accepted, violate this subsection shall return the contribution not later than the fifth day after the date the contribution is received. (c) A political contribution accepted under this section must be in the form of cash or a check. (d) Not later than the fifth day after the date prescribed by Subsection (a)(2), a candidate who received more than $30,000 in political contributions under this section shall deliver to the commission an amount equal to the difference between the amount of political contributions received and $30,000. The commission shall deliver money received under this subsection to the comptroller for deposit in the fund. (e) Notwithstanding Section 254.034, a candidate who is requesting public financing and who accepts a political contribution under this section but who does not receive the contribution until after the date prescribed by Subsection (a)(2) shall return the contribution to the contributor not later than the fifth day after the date the candidate receives the contribution. (f) Section 253.1571 does not apply to a political contribution accepted under this section. Sec. 259.015. CERTIFICATION OF CANDIDATE AS ELIGIBLE. (a) Not later than the fifth day after the date the commission determines a candidate is eligible, the commission shall certify to the comptroller as eligible for public financing each candidate who: (1) is certified to the commission as conditionally eligible; and (2) meets the requirements prescribed by Section 259.011. (b) A determination as to whether a candidate meets the requirements prescribed by Section 259.014 must be based on reports of political contributions and expenditures filed under Chapter 254. The commission is not required to make a determination as to whether a candidate is eligible until the candidate makes a written request for a determination. The commission shall make a determination not later than the 15th day after the later of: (1) the date the commission receives the request for a determination; or (2) the date the candidate files a report under Chapter 254 covering the period prescribed by Section 259.014. (c) The commission shall deliver a copy of a certification under this section to the affected candidate. Sec. 259.016. VERIFICATION OF PETITION. (a) The commission is not required to verify a petition filed under Section 259.013 unless, not later than the 10th day after the date a petition is required to be filed under Section 259.013, a person alleges to the commission in writing that the petition does not meet the requirements prescribed by Sections 141.062 and 259.013. (b) The commission shall verify a petition as promptly as possible after receiving an allegation under Subsection (a). Pending verification, the commission may not certify the candidate to the comptroller as eligible for public financing. (c) On request of the commission: (1) a voter registrar shall verify the voter registration status of a signer of a petition filed with the commission who the petition indicates is registered or has been approved for registration in the county served by the registrar; and (2) the clerk of the supreme court shall verify the membership status of a signer of a petition filed with the commission who the petition indicates is licensed to practice law in this state. (d) If the commission verifies that the petition meets the requirements prescribed by Sections 141.062 and 259.013: (1) the commission shall certify the candidate to the comptroller as eligible for public financing; and (2) the comptroller shall distribute to the candidate from the fund any money to which the candidate would have been entitled if the candidate had been eligible during the period in which the verification was pending.
[Sections 259.017-259.050 reserved for expansion] SUBCHAPTER C. JUDICIAL CAMPAIGN FINANCING FUND
Sec. 259.051. JUDICIAL CAMPAIGN FINANCING FUND. (a) The judicial campaign financing fund is in the state treasury. (b) The fund consists of: (1) amounts transferred to the fund under Subsection (c); (2) amounts refunded to the fund under Section 259.055 or 259.056; (3) amounts paid to the commission under Section 259.014(d); (4) amounts appropriated to the fund; and (5) amounts received by the commission or comptroller as a gift or grant to the fund. (c) Each even-numbered calendar year, the comptroller shall transfer to the fund from the general revenue fund amounts that in the aggregate equal the amount of attorney occupation taxes, not including penalties or interest, collected under Subchapter H, Chapter 191, Tax Code, in that calendar year and the preceding calendar year. The comptroller shall make the transfers as necessary to permit the comptroller to make the distributions required by Section 259.053. (d) For a person to be eligible to receive public financing, the commission must certify to the comptroller that the person is eligible as provided by Section 259.015. (e) Money in the fund may be used for preparation of a voter information pamphlet as provided by Subchapter E. Sec. 259.052. FUNDS FOR ELIGIBLE CANDIDATES. (a) In connection with each nonpartisan judicial election, the commission shall, not later than the 90th day before the date an application for a place on the nonpartisan judicial election ballot is required to be filed, adopt rules prescribing the total amount of public financing to which a candidate for an office covered by this chapter is entitled. (b) The commission shall determine the amount under Subsection (a) based on: (1) the comptroller's certification as to the amount that will be available in the fund for the calendar year in which the election occurs; and (2) the secretary of state's estimation, based on previous elections, of the number of candidates for offices covered by this chapter. (c) The commission shall prescribe identical amounts under Subsection (a) for candidates for chief justice, supreme court, and presiding judge, court of criminal appeals. The commission shall prescribe identical amounts under Subsection (a) for candidates for justice, supreme court, and judge, court of criminal appeals. The amounts for chief justice or presiding judge must be greater than the amounts for justice or judge. (d) The rules adopted under Subsection (a) must specify the amount of each monthly distribution from the fund. The amount of any monthly distribution may not be substantially greater than the amount of any other monthly distribution. Sec. 259.053. DISTRIBUTIONS FROM FUND. (a) A certified candidate is entitled to a distribution from the fund each month during the period: (1) beginning on the date an application for a place on the nonpartisan judicial election ballot is required to be filed; and (2) ending on the 30th day after: (A) except as provided by Subsection (b), the date an application for a place on the nonpartisan judicial election ballot is required to be filed, if the candidate will not have an opponent in the nonpartisan judicial general election; (B) the date of the nonpartisan judicial general election, if the candidate has an opponent in the nonpartisan judicial general election and is not a candidate in the nonpartisan judicial runoff election; or (C) the date of the nonpartisan judicial runoff election, if the candidate is a candidate in that election. (b) Notwithstanding Subsection (a)(2), after a person files a declaration of write-in candidacy opposing a certified candidate who would otherwise not have an opponent in the nonpartisan judicial general election, the certified candidate is entitled to an amount equal to 10 percent of each distribution from the fund scheduled to be made after the date the candidate's opponent files the declaration of write-in candidacy. (c) The comptroller shall distribute money to certified candidates as directed by the commission. If the amount in the fund is insufficient to provide the amounts specified by Section 259.052, the comptroller shall determine the amount of available money and shall distribute the amount on a pro rata basis. Sec. 259.054. RESTRICTIONS ON USE OF MONEY FROM FUND. (a) Money accepted by a candidate from the fund is considered to be a campaign contribution to the candidate. Except as otherwise provided by this chapter, the provisions of this title regulating the use of political contributions apply to money accepted by a candidate from the fund. (b) A candidate may use money accepted from the fund only for expenses related to the candidate's campaign for election. A candidate may not use money accepted from the fund to make a political contribution to another candidate or a political committee. (c) A candidate who uses money from the fund in violation of Subsection (b): (1) is not eligible for any additional money from the fund; and (2) is liable for a civil penalty not to exceed three times the amount of the money used in violation of Subsection (b). Sec. 259.055. REFUND OF UNEXPENDED AMOUNTS. (a) After the nonpartisan judicial general election or, if applicable, the nonpartisan judicial runoff election, a candidate shall refund amounts accepted from the fund that have not been expended or contractually obligated. (b) A candidate shall make a refund under this section to the comptroller not later than the 30th day after the date of: (1) the nonpartisan judicial general election, if the candidate is not a candidate in the nonpartisan judicial runoff election; or (2) the nonpartisan judicial runoff election, if the candidate is a candidate in that election. (c) The comptroller shall deposit refunds received under this section to the credit of the fund. (d) A person who violates this section is liable for a civil penalty not to exceed three times the amount of money required to be refunded that was not refunded as required by this section. Sec. 259.056. WITHDRAWAL, INELIGIBILITY, OR DEATH OF CANDIDATE. (a) A candidate who withdraws from an election or is declared ineligible shall refund amounts accepted from the fund that have not been expended or contractually obligated. The candidate shall refund those amounts to the comptroller not later than the 10th day after the date the candidate withdraws or is declared ineligible. (b) The campaign treasurer of a candidate who dies shall refund amounts accepted from the fund that have not been expended or contractually obligated. The campaign treasurer shall refund those amounts not later than the 30th day after the date the candidate dies. (c) The comptroller shall deposit refunds received under this section to the credit of the fund. (d) A person who violates this section is liable for a civil penalty not to exceed three times the amount of money required to be refunded that was not refunded as required by this section.
[Sections 259.057-259.100 reserved for expansion] SUBCHAPTER D. RESTRICTIONS ON ACCEPTANCE AND USE OF POLITICAL CONTRIBUTIONS
Sec. 259.101. ACCEPTANCE OF CONTRIBUTIONS PROHIBITED. (a) Except as provided by Section 259.013, 259.014, or 259.103, a candidate or officeholder who accepts public financing or a specific-purpose committee for supporting or opposing such a candidate or assisting such an officeholder may not accept a political contribution in connection with the office for which the candidate or officeholder accepted public financing. (b) A person who violates this section is liable for a civil penalty not to exceed three times the amount of political contributions used in violation of this section. Sec. 259.102. USE OF CONTRIBUTION FROM OTHER OFFICE PROHIBITED. (a) Except as provided by Section 259.103, a candidate or officeholder who accepts public financing or a specific-purpose committee for supporting or opposing such a candidate or assisting such an officeholder may not use a political contribution to make a campaign expenditure for the office for which the candidate or officeholder accepted public financing or to make an officeholder expenditure in connection with that office if the contribution was accepted while the candidate or officeholder: (1) was a candidate for an office other than the office for which the candidate or officeholder accepted public financing; or (2) held an office other than the office for which the candidate or officeholder accepted public financing, unless the person had become a candidate for that office and the contribution was accepted under Section 259.014. (b) A person who violates this section is liable for a civil penalty not to exceed three times the amount of political contributions used in violation of this section. Sec. 259.103. RESTRICTIONS NOT APPLICABLE TO CERTAIN OFFICEHOLDERS. (a) Sections 259.101 and 259.102 do not apply to an officeholder who accepted public financing and who seeks reelection to the office for which the officeholder accepted public financing or election to another office covered by this chapter if the officeholder files a written statement with the commission that the officeholder will not request public financing for the reelection or election. (b) An officeholder who files a statement under Subsection (a) is not eligible for public financing for the reelection or election to which the statement relates. (c) An officeholder who accepted public financing or a specific-purpose committee for assisting such an officeholder or for supporting such an officeholder as a candidate may not accept a political contribution before the officeholder files a statement under Subsection (a). (d) A person who violates Subsection (c) is liable for a civil penalty not to exceed three times the amount of political contributions used in violation of Subsection (c). Sec. 259.104. RETENTION OF CONTRIBUTIONS FOR OFFICEHOLDER PURPOSES. An officeholder who accepted public financing may retain and use for officeholder purposes the unexpended amount, if any, of political contributions accepted under Section 259.013 or 259.014.
[Sections 259.105-259.130 reserved for expansion] SUBCHAPTER E. VOTER INFORMATION PAMPHLET FOR STATEWIDE JUDICIAL ELECTIONS
Sec. 259.131. APPLICABILITY OF SUBCHAPTER. This subchapter applies to each candidate certified as eligible for public financing. Sec. 259.132. STATEMENT FILED BY CANDIDATE. Not later than the 70th day before the date of the nonpartisan judicial general election, a candidate for an office covered by this subchapter may file with the secretary of state an informational statement, on a form prescribed by the secretary, to be included in the voter information pamphlet for that election. Sec. 259.133. STATEMENT REQUIREMENTS. (a) A candidate's statement must include a summary of the following information: (1) current occupation; (2) educational and occupational background; (3) biographical information; and (4) any previous experience serving in government. (b) A candidate's statement may not directly or indirectly indicate the candidate's party affiliation, if any. (c) The secretary of state shall prescribe the format and length of the candidate's statement. Sec. 259.134. REVIEW BY SECRETARY OF STATE. (a) Not later than the fifth day after the date the candidate's statement is received, the secretary of state shall review the statement to determine whether it complies with Section 259.133. (b) If the secretary of state determines that the statement does not comply with Section 259.133, the secretary shall reject the statement and deliver written notice of the reason for the rejection to the candidate not later than the second day after the date of rejection. (c) A candidate whose statement is rejected may resubmit the statement subject to the prescribed deadline. Sec. 259.135. PREPARATION OF PAMPHLET. (a) The secretary of state shall contract for the preparation and printing of the voter information pamphlet after soliciting bids for that work. The secretary may prepare or print the pamphlet if the secretary determines that the costs of that preparation or printing are less than or equal to the most reasonable bid submitted. (b) The pamphlet must include each statement that complies with Sections 259.132 and 259.133 and is filed by a candidate the commission has certified as eligible for public financing. Candidates whose names will appear on the ballot and write-in candidates must be shown in separate groups. The order of the candidates' names within the groups is determined by a drawing conducted by the secretary of state. (c) The secretary of state shall prescribe appropriate explanatory material to be included in the pamphlet to assist the voters, including a statement that the pamphlet may be used at the polls to assist the voters in marking their ballots. Sec. 259.136. DISTRIBUTION OF PAMPHLET. Not later than the 45th day before the date of each nonpartisan judicial general election, the secretary of state shall mail the voter information pamphlet to each household in this state in which a registered voter resides. Sec. 259.137. ADDITIONAL PROCEDURES. The secretary of state shall prescribe any additional procedures necessary to implement this subchapter. SECTION 2.02. Section 253.157, Election Code, is amended by amending Subsection (a) and adding Subsection (d-1) to read as follows: (a) A judicial candidate or officeholder [or a specific-purpose committee for supporting or opposing a judicial candidate] may not accept a political contribution in excess of $50 from a person if: (1) the person is a law firm, a member of a law firm, or a general-purpose committee established or controlled by a law firm; and (2) the contribution when aggregated with all political contributions accepted by the candidate or [,] officeholder[, or committee] from the law firm, other members of the law firm, or a general-purpose committee established or controlled by the law firm in connection with the election would exceed six times the applicable contribution limit under Section 253.155. (d-1) This section does not apply to a political contribution to a candidate for or holder of a statewide judicial office or to a specific-purpose committee for supporting or opposing such a candidate or assisting such an officeholder. SECTION 2.03. Subchapter F, Chapter 253, Election Code, is amended by adding Section 253.1571 to read as follows: Sec. 253.1571. CERTAIN CONTRIBUTIONS IN CONNECTION WITH STATEWIDE JUDICIAL OFFICE PROHIBITED. (a) Except as provided by Section 259.013 or 259.014, a candidate for or holder of a statewide judicial office may not knowingly accept a political contribution from: (1) a person licensed to practice law in this state; (2) a law firm; (3) a political committee established or controlled by a law firm; (4) a general-purpose committee in which persons described by Subdivisions (1)-(3) constitute 20 percent or more of the committee's total membership; (5) a general-purpose committee that, in the preceding three calendar years, or in the period beginning on the date the committee filed its initial campaign treasurer appointment and ending on the preceding December 31, if the committee has not been in existence for at least three calendar years, accepted political contributions from persons described by Subdivisions (1)-(3) that, in the aggregate, exceed 20 percent of the total amount of political contributions accepted by the committee during that period; (6) a general-purpose committee that has not been in existence for at least 12 months before the date the contribution is accepted; (7) a person who, at the time the contribution is accepted, is a party to an action pending in a district court, a court of appeals, the supreme court, or the court of criminal appeals; or (8) a person who has a substantial interest, as determined under Section 572.005, Government Code, in a business entity that, at the time the contribution is accepted, is a party to an action pending in a district court, a court of appeals, the supreme court, or the court of criminal appeals. (b) A person who violates this section commits an offense. An offense under this section is a Class A misdemeanor. (c) In this section, "law firm" has the meaning assigned by Section 253.157. SECTION 2.04. Section 253.158(a), Election Code, is amended to read as follows: (a) For purposes of Sections 253.155, [and] 253.157, and 253.1571, a contribution by the spouse or child of an individual is considered to be a contribution by the individual. SECTION 2.05. Sections 253.159 and 253.1601, Election Code, are amended to read as follows: Sec. 253.159. EXCEPTION TO CONTRIBUTION LIMITS AND RESTRICTIONS. Sections 253.155, [and] 253.157, and 253.1571 do not apply to an individual who is related to the candidate or officeholder within the second degree by consanguinity, as determined under Subchapter B, Chapter 573, Government Code. Sec. 253.1601. CONTRIBUTION TO CERTAIN COMMITTEES CONSIDERED CONTRIBUTION TO CANDIDATE. For purposes of Sections 253.155, 253.157, 253.1571, and 253.160, a contribution to a specific-purpose committee for the purpose of supporting a judicial candidate, opposing the candidate's opponent, or assisting the candidate as an officeholder is considered to be a contribution to the candidate. SECTION 2.06. (a) Section 253.157, Election Code, as amended by this Act, and Section 253.1571, Election Code, as added by this Act, apply only to a political contribution accepted on or after the effective date of this Act. A political contribution accepted before the effective date of this Act is governed by the law in effect on the date the contribution was accepted, and the former law is continued in effect for that purpose. (b) Notwithstanding Chapter 259, Election Code, as added by this Act, a person who on the effective date of this Act held an office covered by that chapter and who had unexpended political contributions may use those contributions to make political expenditures for campaign or officeholder purposes.
ARTICLE 3. EFFECTIVE DATE
SECTION 3.01. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2003.