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A BILL TO BE ENTITLED
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AN ACT
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relating to the elimination in certain counties of straight-party |
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voting for certain offices. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 52.071, Election Code, is amended by |
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amending Subsection (b) and adding Subsection (c) to read as |
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follows: |
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(b) The following instruction shall be added to the |
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instruction required by Section 52.070(b) in a county with a |
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population of one million or less: "You may cast a straight-party |
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vote (that is, cast a vote for all the nominees of one party) by |
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placing an 'X' in the square beside the name of the party of your |
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choice. If you cast a straight-party vote for all the nominees of |
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one party and also cast a vote for an opponent of one of that party's |
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nominees, your vote for the opponent will be counted as well as your |
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vote for all the other nominees of the party for which the |
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straight-party vote was cast." |
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(c) The following instruction shall be added to the |
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instruction required by Section 52.070(b) in a county with a |
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population of more than one million: "You may cast a straight-party |
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vote (that is, cast a vote for all the nominees of one party other |
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than nominees for a judicial office or local executive office) by |
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placing an 'X' in the square beside the name of the party of your |
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choice. If you cast a straight-party vote for all the nominees of |
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one party and also cast a vote for an opponent of one of that party's |
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nominees, your vote for the opponent will be counted as well as your |
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vote for all the other nominees of the party other than nominees for |
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a judicial office or a local executive office for which the |
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straight-party vote was cast. A straight-party vote will not be |
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counted for the nominee of a party for a judicial office or a local |
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executive office." |
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SECTION 2. Section 52.092, Election Code, is amended by |
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amending Subsections (a), (c), (d), (e), (f), and (j) and adding |
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Subsections (f-1) and (f-2) 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 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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(4) judicial offices; |
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(5) local executive 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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[(7) criminal district judge;
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[(8) family district judge;
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[(9) district attorney;
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[(10) criminal district attorney]. |
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(e) County offices shall be listed in the following order: |
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(1) county judge; |
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(2) [judge, county court at law;
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[(3) judge, county criminal court;
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[(4) judge, county probate court;
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[(5) county attorney;
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[(6) district clerk;
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[(7) district and county clerk;
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[(8) county clerk;
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[(9) sheriff;
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[(10) sheriff and tax assessor-collector;
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[(11) county tax assessor-collector;
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[(12) county treasurer;
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[(13)] county school trustee (county with population |
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of 3.3 million or more)[;
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[(14) county surveyor]. |
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(f) Precinct offices shall be listed in the following order: |
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(1) county commissioner[;
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[(2) justice of the peace;
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[(3) constable]. |
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(f-1) Judicial offices shall be listed in the following |
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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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(7) district judge; |
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(8) criminal district judge; |
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(9) family district judge; |
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(10) judge, county court at law; |
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(11) judge, county criminal court; |
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(12) judge, county probate court; |
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(13) justice of the peace. |
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(f-2) Local executive offices shall be listed in the |
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following order: |
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(1) district attorney; |
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(2) criminal district attorney; |
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(3) county attorney; |
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(4) district clerk; |
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(5) district and county clerk; |
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(6) county clerk; |
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(7) sheriff; |
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(8) sheriff and tax assessor-collector; |
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(9) county tax assessor-collector; |
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(10) county treasurer; |
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(11) county surveyor; |
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(12) constable. |
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(j) The office of judge of a multicounty statutory county |
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court created under Subchapter D, Chapter 25, Government Code, is |
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considered to be a judicial [county] office for purposes of listing |
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the office on the ballot and Section 52.0921, and to be a district |
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office for all other purposes under this code. |
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SECTION 3. Subchapter D, Chapter 52, Election Code, is |
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amended by adding Section 52.0921 to read as follows: |
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Sec. 52.0921. JUDICIAL OFFICES AND LOCAL EXECUTIVE OFFICES |
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ON BALLOT IN CERTAIN COUNTIES. (a) This section applies only in a |
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county with a population of more than one million. |
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(b) Notwithstanding any other provision of this code, a |
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straight-party vote does not count in an election for a judicial |
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office listed in Section 52.092(f-1) or a local executive office |
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listed in Section 52.092(f-2). Candidates for judicial offices and |
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local executive offices appear with their party affiliation or |
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independent status displayed next to the candidate's name in a |
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format prescribed by the secretary of state. |
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(c) The secretary of state shall prescribe procedures to |
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inform voters of a county to which this section applies that a |
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straight-party vote does not count in an election for a judicial |
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office or local executive office. The procedures shall include |
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signs posted in the polling place and notice on the ballot or |
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through the voting system on which a vote is cast. |
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SECTION 4. Sections 65.007(b) and (c), Election Code, are |
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amended to read as follows: |
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(b) Except as provided by Subsection (c) or (d), each |
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straight-party vote shall be tallied for the party receiving the |
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vote instead of being tallied for the individual candidates of the |
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party. The total number of straight-party votes tallied for each |
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party shall be added to the total votes received for each of the |
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party nominees individually, subject to Section 52.0921. |
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(c) If a ballot indicates a straight-party vote and a vote |
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for an opponent of one or more of that party's nominees, a vote |
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shall be counted for the opponent and for each of the party's other |
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nominees, subject to Section 52.0921, whether or not any of those |
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nominees have received individual votes. |
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SECTION 5. This Act takes effect September 1, 2015. |