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.