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A BILL TO BE ENTITLED
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AN ACT
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relating to filling vacancies in appellate judicial offices by |
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appointment, partisan elections for all judicial offices, and |
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nonpartisan elections for the retention or rejection for all |
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judicial offices. |
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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 Sections 22.303 and 22.304 to read as follows: |
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Sec. 22.303. ELECTION, RETENTION, AND APPOINTMENT OF |
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APPELLATE JUSTICES AND JUDGES. (a) The office of appellate justice |
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or judge is subject to partisan election in accordance with the |
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applicable provisions of the Election Code at the last general |
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election for state and county officers to be held before the date: |
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(1) the term of a justice or judge who was elected in a |
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partisan election or retained in a nonpartisan judicial retention |
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election expires, if the justice or judge does not seek retention; |
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or |
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(2) the initial term, including a partial term, of a |
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justice or judge who was appointed expires. |
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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 an appellate justice or judge is elected, and in conjunction |
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with the last general election to be held before the end of each |
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following continuous term in that office, the justice or judge is |
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subject to retention or rejection at the nonpartisan judicial |
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retention election in accordance with Chapter 521, Election Code. |
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(c) If an appellate justice or judge does not seek |
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retention, or withdraws from the retention election, as provided by |
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Chapter 521, Election Code, the vacancy existing at the beginning |
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of the succeeding term shall be filled in the manner prescribed by |
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the constitution. |
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(d) If a vacancy occurs in the office of an appellate |
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justice or judge seeking retention and the name of the justice or |
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judge is omitted from the retention election ballot under Chapter |
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521, Election Code, the vacancy shall be filled in the manner |
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prescribed by the constitution. |
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Sec. 22.304. EFFECT OF RETENTION VOTE. (a) If a majority |
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of the votes received on the question are for the retention of the |
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appellate justice or judge, the person is entitled to remain in |
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office for a regular term beginning on the first day of the |
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following January, unless the person becomes ineligible or is |
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removed as provided by law. |
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(b) 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 constitution. |
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(c) If the name of an appellate justice or judge seeking |
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retention appears on the retention election ballot under Chapter |
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521, Election Code, although a vacancy has occurred in the office, |
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the retention election for that office has no effect, and the |
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vacancy shall be filled in the manner prescribed by the |
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constitution. |
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SECTION 2. Chapter 24, Government Code, is amended by |
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adding Subchapter A-1 to read as follows: |
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SUBCHAPTER A-1. ELECTION AND RETENTION OF DISTRICT JUDGES |
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Sec. 24.051. ELECTION AND RETENTION CYCLE. (a) A district |
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judge is subject to partisan election in accordance with the |
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applicable provisions of the Election Code at the last general |
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election for state and county officers to be held before the date: |
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(1) the term of a judge who was elected in a partisan |
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election or retained in a nonpartisan judicial retention election |
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expires, if the judge does not seek retention; or |
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(2) the initial term, including a partial term, of a |
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judge who was appointed expires. |
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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 district judge is elected, and in conjunction with the last |
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general election to be held before the end of each following |
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continuous term in that office, the judge is subject to retention or |
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rejection at the nonpartisan judicial retention election in |
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accordance with Chapter 521, Election Code. |
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(c) If a district 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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constitution. |
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(d) If a vacancy occurs in the office of a district judge |
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seeking retention and the judge's name is omitted from the |
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retention election ballot under Chapter 521, Election Code, the |
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vacancy shall be filled in the manner prescribed by the |
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constitution. |
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Sec. 24.052. EFFECT OF RETENTION VOTE. (a) If a majority |
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of the votes received on the question are for the retention of the |
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district judge, the person is entitled to remain in office for a |
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regular term of four years beginning on the first day of the |
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following January, unless the person becomes ineligible or is |
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removed as provided by law. |
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(b) 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 constitution. |
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(c) If the name of a district 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 constitution. |
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SECTION 3. 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 December 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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appropriate authority. |
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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, for an appellate justice or judge or |
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Chapter 24, Government Code, for the office of district judge. |
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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 74th day before election day. |
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(c) A withdrawal request must be filed with the authority |
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with whom the withdrawing candidate's declaration of candidacy is |
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required to be filed. |
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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 74th 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 74th 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, for an appellate justice or judge |
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or Chapter 24, Government Code, for the office of district judge. |
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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 62nd 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 4. Section 1.005, Election Code, is amended by |
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amending Subdivision (9) and adding Subdivisions (12-a) and (12-b) |
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to 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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(12-a) "Nonpartisan judicial candidate" means a |
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candidate in a nonpartisan judicial retention election. |
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(12-b) "Nonpartisan judicial retention election" |
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means an election held under Title 18. |
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SECTION 5. 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 6. Section 52.092, Election Code, is amended by |
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amending Subsection (a) and adding Subsections (f-1) and (f-2) to |
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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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(f-1) Nonpartisan statewide judicial retention election |
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offices shall 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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(f-2) Nonpartisan district judicial retention election |
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offices shall be listed in the following order: |
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(1) district judge; |
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(2) criminal district judge; |
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(3) family district judge. |
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SECTION 7. 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 8. 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 9. 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 or district |
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court. |
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SECTION 10. 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 the |
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election in which the candidate or officeholder last appeared on |
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the ballot, regardless of whether the candidate or officeholder has |
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an opponent in that election. |
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SECTION 11. (a) Each appellate justice or judge in office |
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January 1, 2012, 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, 2012, 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 12. (a) Each district judge in office January 1, |
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2012, unless otherwise removed as provided by law, continues in |
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office subject to this section. |
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(b) Each district judge in office January 1, 2012, is |
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subject to retention or rejection, in the manner provided by law, at |
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the general election preceding the expiration of the regular or |
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unexpired term for which each was elected or appointed. A vacancy |
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does not exist in those offices until the expiration of the term of |
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the person who held the office January 1, 2012, or until that person |
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does not hold the office, whichever occurs first. |
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SECTION 13. This Act takes effect January 1, 2012, but only |
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if the constitutional amendment proposed by the 82nd Legislature, |
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Regular Session, 2011, providing for appointment to fill vacancies |
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in the offices of the justices and judges of the appellate courts, |
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for partisan elections for all judicial offices, and for subsequent |
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nonpartisan retention elections for all judicial offices is |
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approved by the voters. If that amendment is not approved by the |
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voters, this Act has no effect. |