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A BILL TO BE ENTITLED
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AN ACT
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relating to the filling of a vacancy in an appellate judicial office |
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by appointment and a nonpartisan election for the retention or |
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rejection of the person appointed. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 22, Government Code, is |
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amended by adding Section 22.303 to read as follows: |
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Sec. 22.303. APPOINTMENT AND RETENTION OF JUSTICES AND |
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JUDGES. (a) This section applies to each office of justice or |
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judge for which the Texas Constitution requires a person appointed |
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to fill a vacancy in the office to be subject to retention or |
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rejection by the voters at the end of the appointed term and each |
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successive term. |
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(b) In conjunction with the last general election for state |
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and county officers to be held before the end of a term of office to |
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which a justice or judge is appointed or retained, the justice or |
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judge is subject to retention or rejection at the nonpartisan |
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judicial retention election in accordance with Chapter 521, |
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Election Code. |
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(c) If a justice or judge does not seek retention, or |
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withdraws from the retention election, as provided by Chapter 521, |
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Election Code, the vacancy existing at the beginning of the |
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succeeding term shall be filled in the manner prescribed by the |
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Texas Constitution. |
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(d) If a vacancy occurs in the office of a justice or judge |
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seeking retention and the name of the justice or judge is omitted |
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from the retention election ballot under Chapter 521, Election |
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Code, the vacancy shall be filled in the manner prescribed by the |
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Texas Constitution. |
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(e) If a majority of the votes received on the question are |
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for the retention of the justice or judge, the person is entitled to |
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remain in office for a regular term beginning on the first day of |
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the following January, unless the person becomes ineligible or is |
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removed as provided by law. |
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(f) If less than a majority of the votes received on the |
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question are for retention, a vacancy in the office exists on the |
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first day of the following January, and the vacancy shall be filled |
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in the manner prescribed by the Texas Constitution. |
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(g) If the name of a justice or judge seeking retention |
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appears on the retention election ballot under Chapter 521, |
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Election Code, although a vacancy has occurred in the office, the |
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retention election for that office has no effect, and the vacancy |
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shall be filled in the manner prescribed by the Texas Constitution. |
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SECTION 2. The Election Code is amended by adding Title 18 |
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to read as follows: |
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TITLE 18. NONPARTISAN JUDICIAL RETENTION ELECTIONS |
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CHAPTER 521. RETENTION ELECTION |
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Sec. 521.001. DECLARATION OF CANDIDACY. (a) Not later than |
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5 p.m. on June 1 preceding the nonpartisan judicial retention |
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election at which the justice or judge is subject to retention or |
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rejection, a justice or judge who seeks to continue to serve in that |
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office must file with the secretary of state a declaration of |
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candidacy to succeed to the next term. |
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(b) A declaration may not be filed earlier than the 30th day |
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before the date of the filing deadline. A declaration filed by mail |
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is considered to be filed at the time of its receipt by the |
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secretary of state. |
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(c) The filling of the subsequent vacancy for the office for |
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which a declaration of candidacy is not filed is covered by Section |
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22.303, Government Code. |
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Sec. 521.002. WITHDRAWAL, DEATH, OR INELIGIBILITY. (a) |
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With respect to withdrawal, death, or ineligibility of a candidate |
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in a nonpartisan judicial retention election, this section |
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supersedes Subchapter A, Chapter 145, to the extent of any |
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conflict. |
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(b) A candidate may not withdraw from the retention election |
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after the 65th day before election day. |
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(c) A withdrawal request must be filed with the secretary of |
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state. |
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(d) A candidate's name shall be omitted from the retention |
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election ballot if the candidate withdraws, dies, or is declared |
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ineligible on or before the 65th day before election day. |
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(e) If a candidate who has made a declaration of candidacy |
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that complies with the applicable requirements dies or is declared |
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ineligible after the 65th day before election day, the candidate's |
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name shall be placed on the retention election ballot. |
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(f) The filling of the subsequent vacancy for the office |
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following implementation of Subsection (d) or (e) is covered by |
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Section 22.303, Government Code. |
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Sec. 521.003. CERTIFICATION OF NAMES FOR PLACEMENT ON |
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RETENTION ELECTION BALLOT. (a) Except as provided by Subsection |
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(c), the secretary of state shall certify in writing for placement |
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on the nonpartisan judicial retention election ballot the name of |
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each candidate who files with the secretary a declaration of |
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candidacy that complies with Section 521.001. |
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(b) Not later than the 55th day before election day, the |
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secretary of state shall deliver the certification to the authority |
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responsible for having the official ballot prepared in each county |
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in which the candidate's name is to appear on the ballot. |
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(c) A candidate's name may not be certified if, before |
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delivering the certification, the secretary of state learns that |
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the name is to be omitted from the ballot under Section 521.002. |
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Sec. 521.004. RETENTION ELECTION BALLOT. The name of the |
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person subject to retention or rejection shall be submitted to the |
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voters on the nonpartisan judicial retention election ballot |
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following the offices subject to election under the heading |
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"Retention of Nonpartisan Judicial Offices," in substantially the |
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following form: |
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"Shall (Justice or Judge)_______________________ |
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______________________________________________ |
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be retained in office as (justice or judge) of the |
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(name of court)_________________________?" |
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____"Yes" |
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____"No" |
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Sec. 521.005. GENERAL PROCEDURE FOR CONDUCT OF RETENTION |
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ELECTION. (a) Except as otherwise provided by this code, the |
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nonpartisan judicial retention election shall be conducted and the |
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results canvassed, tabulated, and reported in the manner applicable |
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to partisan offices in the general election for state and county |
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officers. |
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(b) A certificate of election shall be issued to a retained |
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officer in the same manner as provided for a candidate elected to an |
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office. |
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Sec. 521.006. WRITE-IN VOTING PROHIBITED. Write-in voting |
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is not permitted in a nonpartisan judicial retention election. |
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Sec. 521.007. POLITICAL CONTRIBUTIONS AND EXPENDITURES. A |
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candidate for retention of a judicial office is subject to Title 15 |
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and shall comply with that title in the same manner as a candidate |
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for election to the office. |
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Sec. 521.008. APPLICABILITY OF OTHER PARTS OF CODE. The |
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other titles of this code apply to a nonpartisan judicial retention |
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election except provisions that are inconsistent with this title or |
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that cannot feasibly be applied in a retention election. |
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Sec. 521.009. ADDITIONAL PROCEDURES. The secretary of |
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state shall prescribe any additional procedures necessary for the |
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orderly and proper administration of elections held under this |
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chapter. |
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SECTION 3. Section 1.005, Election Code, is amended by |
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amending Subdivision (9) and adding Subdivisions (25) and (26) to |
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read as follows: |
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(9) "Independent candidate" means a candidate in a |
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nonpartisan election or a candidate in a partisan election who is |
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not the nominee of a political party. The term does not include a |
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nonpartisan judicial candidate. |
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(25) "Nonpartisan judicial candidate" means a |
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candidate in a nonpartisan judicial retention election. |
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(26) "Nonpartisan judicial retention election" means |
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an election held under Chapter 521. |
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SECTION 4. Section 41.002, Election Code, is amended to |
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read as follows: |
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Sec. 41.002. GENERAL ELECTION FOR STATE AND COUNTY |
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OFFICERS. The general election for state and county officers, |
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including the nonpartisan judicial retention election, shall be |
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held on the first Tuesday after the first Monday in November in |
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even-numbered years. |
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SECTION 5. Section 52.092, Election Code, is amended by |
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amending Subsections (a), (c), and (d) and adding Subsection (f-1) |
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to read as follows: |
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(a) For an election at which offices regularly filled at the |
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general election for state and county officers, including the |
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nonpartisan judicial retention election, are to appear on the |
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ballot, the offices shall be listed in the following order: |
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(1) offices of the federal government; |
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(2) offices of the state government: |
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(A) statewide offices; |
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(B) district offices; |
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(3) offices of the county government: |
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(A) county offices; |
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(B) precinct offices. |
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(c) Statewide offices of the state government shall be |
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listed in the following order: |
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(1) governor; |
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(2) lieutenant governor; |
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(3) attorney general; |
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(4) comptroller of public accounts; |
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(5) commissioner of the General Land Office; |
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(6) commissioner of agriculture; |
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(7) railroad commissioner[;
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[(8) chief justice, supreme court;
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[(9) justice, supreme court;
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[(10) presiding judge, court of criminal appeals;
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[(11) judge, court of criminal appeals]. |
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(d) District offices of the state government shall be listed |
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in the following order: |
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(1) member, State Board of Education; |
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(2) state senator; |
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(3) state representative; |
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(4) [chief justice, court of appeals;
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[(5) justice, court of appeals;
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[(6)] district judge; |
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(5) [(7)] criminal district judge; |
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(6) [(8)] family district judge; |
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(7) [(9)] district attorney; |
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(8) [(10)] criminal district attorney. |
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(f-1) Nonpartisan judicial retention election offices shall |
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be listed in the following order: |
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(1) chief justice, supreme court; |
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(2) justice, supreme court; |
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(3) presiding judge, court of criminal appeals; |
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(4) judge, court of criminal appeals; |
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(5) chief justice, court of appeals; |
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(6) justice, court of appeals. |
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SECTION 6. Section 145.003(b), Election Code, is amended to |
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read as follows: |
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(b) A candidate in the general election for state and county |
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officers, including the nonpartisan judicial retention election, |
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may be declared ineligible before the 30th day preceding election |
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day by: |
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(1) the party officer responsible for certifying the |
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candidate's name for placement on the general election ballot, in |
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the case of a candidate who is a political party's nominee; or |
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(2) the authority with whom the candidate's |
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application for a place on the ballot or declaration of candidacy is |
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required to be filed, in the case of an independent candidate or a |
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nonpartisan judicial candidate, as applicable. |
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SECTION 7. Section 145.005(a), Election Code, is amended to |
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read as follows: |
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(a) If the name of a deceased or ineligible candidate |
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appears on the ballot [under this chapter], the votes cast for the |
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candidate shall be counted and entered on the official election |
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returns in the same manner as for the other candidates. |
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SECTION 8. Section 172.021(e), Election Code, is amended to |
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read as follows: |
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(e) A candidate for an office specified by Section |
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172.024(a)(8) or [,] (10)[, or (12),] or for justice of the peace in |
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a county with a population of more than 850,000, who chooses to pay |
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the filing fee must also accompany the application with a petition |
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for a place on the primary ballot as a candidate for judicial office |
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that complies with the requirements prescribed for the petition |
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authorized by Subsection (b), except that the minimum number of |
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signatures that must appear on the petition required by this |
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subsection is 250. If the candidate chooses to file the petition |
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authorized by Subsection (b) in lieu of the filing fee, the minimum |
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number of signatures required for that petition is increased by |
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250. Signatures on a petition filed under this subsection or |
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Subsection (b) by a candidate covered by this subsection may not be |
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obtained on the grounds of a county courthouse or courthouse annex. |
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SECTION 9. Section 172.024(a), Election Code, is amended to |
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read as follows: |
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(a) The filing fee for a candidate for nomination in the |
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general primary election is as follows: |
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(1) United States senator $5,000 |
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(2) office elected statewide, except United States |
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senator 3,750 |
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(3) United States representative 3,125 |
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(4) state senator 1,250 |
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(5) state representative 750 |
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(6) member, State Board of Education 300 |
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(7) [chief justice or justice, court of appeals, other
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than a justice specified by Subdivision (8)
1,875 |
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[(8)
chief justice or justice of a court of appeals
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that serves a court of appeals district in which a county with a
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population of more than 750,000 is wholly or partly
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situated
2,500 |
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[(9)] district judge or judge specified by Section |
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52.092(d) for which this schedule does not otherwise prescribe a |
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fee 1,500 |
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(8) [(10)] district or criminal district judge of a |
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court in a judicial district wholly contained in a county with a |
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population of more than 850,000 2,500 |
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(9) [(11)] judge, statutory county court, other than a |
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judge specified by Subdivision (12) 1,500 |
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(10) [(12)] judge of a statutory county court in a |
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county with a population of more than 850,000 2,500 |
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(11) [(13)] district attorney, criminal district |
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attorney, or county attorney performing the duties of a district |
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attorney 1,250 |
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(12) [(14)] county commissioner, district clerk, |
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county clerk, sheriff, county tax assessor-collector, county |
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treasurer, or judge, constitutional county court: |
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(A) county with a population of 200,000 or |
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more 1,250 |
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(B) county with a population of under |
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200,000 750 |
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(13) [(15)] justice of the peace or constable: |
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(A) county with a population of 200,000 or |
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more 1,000 |
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(B) county with a population of under |
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200,000 375 |
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(14) [(16)] county surveyor, inspector of hides and |
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animals, or public weigher 75 |
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(15) [(17)] office of the county government for which |
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this schedule does not otherwise prescribe a fee 750 |
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SECTION 10. Section 202.001, Election Code, is amended to |
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read as follows: |
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Sec. 202.001. APPLICABILITY OF CHAPTER. This chapter |
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applies to elective offices of the state and county governments |
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except the offices of: |
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(1) state senator and state representative; and |
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(2) justice or judge of an appellate court. |
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SECTION 11. Section 253.153(a), Election Code, is amended |
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to read as follows: |
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(a) A judicial candidate or officeholder, a |
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specific-purpose committee for supporting or opposing a judicial |
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candidate, or a specific-purpose committee for assisting a judicial |
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officeholder may not knowingly accept a political contribution |
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except during the period: |
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(1) beginning on: |
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(A) if the office is subject to a nonpartisan |
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judicial retention election, the 210th day before the date a |
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declaration of candidacy is required to be filed; or |
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(B) if the office is not subject to a nonpartisan |
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judicial retention election: |
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(i) the 210th day before the date an |
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application for a place on the ballot or for nomination by |
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convention for the office is required to be filed, if the election |
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is for a full term; or |
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(ii) [(B)] the later of the 210th day |
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before the date an application for a place on the ballot or for |
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nomination by convention for the office is required to be filed or |
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the date a vacancy in the office occurs, if the election is for an |
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unexpired term; and |
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(2) ending on the 120th day after the date of: |
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(A) the general election for state and county |
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officers, if: |
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(i) the office is subject to a nonpartisan |
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judicial retention election; or |
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(ii) the candidate or officeholder has an |
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opponent in the general election; |
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(B) except as provided by Subsection (c), the |
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runoff primary election, if the candidate or officeholder is a |
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candidate in the runoff primary election and does not have an |
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opponent in the general election; or |
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(C) except as provided by Subsection (c), the |
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general primary election, if the candidate or officeholder is not a |
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candidate in the runoff primary election and does not have an |
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opponent in the general election. |
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SECTION 12. Section 172.021(g), Election Code, is repealed. |
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SECTION 13. (a) Each appellate justice or judge in office |
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January 1, 2010, unless otherwise removed as provided by law, |
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continues in office subject to this section. |
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(b) Each appellate justice or judge who is in office January |
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1, 2010, is subject to retention or rejection, in the manner |
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provided by law for a justice or judge appointed to the office after |
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the effective date of this Act, at the last general election |
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preceding the expiration of the regular or unexpired term for which |
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each was elected or appointed. |
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SECTION 14. This Act takes effect January 1, 2010, but only |
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if the constitutional amendment proposed by the 81st Legislature, |
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Regular Session, 2009, providing for filling vacancies in appellate |
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judicial offices by appointment and for nonpartisan retention |
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elections for those offices is approved by the voters. If that |
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amendment is not approved by the voters, this Act has no effect. |