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A BILL TO BE ENTITLED
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AN ACT
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relating to public financing of campaigns for appellate judicial |
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offices; providing civil penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 15, Election Code, is amended by adding |
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Chapter 259 to read as follows: |
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CHAPTER 259. PUBLIC FINANCING OF CAMPAIGNS FOR |
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APPELLATE JUDICIAL OFFICES |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 259.001. APPLICABILITY OF CHAPTER. This chapter |
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applies only to the offices of: |
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(1) chief justice and justice, supreme court; |
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(2) presiding judge and judge, court of criminal |
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appeals; and |
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(3) chief justice and justice, court of appeals. |
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Sec. 259.002. DEFINITIONS. In this chapter: |
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(1) "Election cycle" means: |
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(A) the general primary election, runoff primary |
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election, if any, and general election for state and county |
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officers; or |
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(B) a special election and runoff election, if |
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any. |
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(2) "Fund" means the campaign financing fund |
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established under Subchapter C. |
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Sec. 259.003. EFFECT OF ACCEPTING PUBLIC MONEY. By |
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accepting money from the fund, a candidate agrees to not accept |
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political contributions not authorized by this chapter. |
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SUBCHAPTER B. ELIGIBILITY FOR PUBLIC FINANCING |
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Sec. 259.011. REQUIREMENTS FOR ELIGIBILITY GENERALLY. To be |
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eligible to receive public financing under this chapter, a |
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candidate must: |
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(1) receive political contributions in the applicable |
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amount and within the applicable period prescribed by Section |
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259.017; and |
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(2) file with the commission a petition that satisfies |
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the applicable requirements prescribed by: |
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(A) Subchapter C, Chapter 141, as if the petition |
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were a petition filed in connection with a candidate's application |
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for a place on the ballot; and |
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(B) Sections 259.013, 259.014, 259.015, and |
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259.016. |
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Sec. 259.012. CERTIFICATION OF CANDIDATE AS CONDITIONALLY |
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ELIGIBLE. (a) Not later than the 15th day after the date an |
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application for a place on the ballot is required to be filed, the |
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secretary of state shall certify in writing to the commission each |
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person who is a candidate for an office covered by this chapter as |
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conditionally eligible for public financing. |
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(b) Not later than the fifth day after the date the |
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secretary of state certifies a candidate for placement on the list |
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of write-in candidates as a candidate for an office covered by this |
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chapter, the secretary shall certify the candidate in writing to |
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the commission as conditionally eligible for public financing. |
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(c) The secretary of state shall deliver a copy of a |
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certification under this section to the affected candidate. |
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Sec. 259.013. CIRCULATION PERIOD FOR PETITION; HEADING AND |
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STATEMENT. (a) A petition under this subchapter may not be |
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circulated before the beginning of the applicable period prescribed |
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by Section 259.017(a). |
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(b) Each page of a petition under this subchapter must: |
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(1) be headed "Petition for Public Campaign Financing |
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for (Name of Candidate), a Candidate for (Name of Office Sought and |
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Place Number, if Applicable)."; and |
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(2) contain a statement just ahead of the signatures |
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of the petitioners, as follows: "I know that the purpose of this |
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petition is to enable (name of candidate) to receive public |
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financing in connection with (his or her) campaign for (name of |
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office sought and place number, if applicable)." |
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(c) The circulation of a petition to be filed under this |
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subchapter does not constitute candidacy or an announcement of |
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candidacy for purposes of the automatic resignation provisions of |
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Section 11, Article XI, or Section 65, Article XVI, Texas |
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Constitution. |
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Sec. 259.014. REQUIRED SIGNATURES FOR PETITION. (a) A |
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candidate's petition under this subchapter must be signed by at |
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least: |
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(1) 2,500 registered voters, if the candidate seeks a |
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statewide judicial office; or |
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(2) 1,000 registered voters of the court of appeals |
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district for which the candidate seeks the office of chief justice |
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or justice of a court of appeals. |
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(b) Not more than 20 percent of the required number of |
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signers may be residents of: |
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(1) the same county, if the candidate seeks a |
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statewide judicial office; or |
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(2) the same commissioners court precinct, if the |
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candidate seeks the office of chief justice or justice of a court of |
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appeals. |
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(c) A petition that violates Subsection (b) is not invalid |
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if the petition would otherwise be valid if the signatures of |
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residents of the same county or precinct, as applicable, in excess |
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of the applicable number specified by Subsection (b) were |
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disregarded. |
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(d) A person may not sign a petition under this subchapter |
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for more than one candidate for the same office. For purposes of |
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this subsection, each numbered place on an appellate court is a |
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separate office. |
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Sec. 259.015. REQUIRED POLITICAL CONTRIBUTIONS FROM |
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PETITION SIGNERS. (a) A person who signs a petition under this |
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subchapter must, at the time of signing, make a political |
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contribution to the candidate in the form of cash or a check of $5. |
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(b) A political contribution accepted under this section is |
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counted for purposes of Section 259.017. |
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Sec. 259.016. FILING OF PETITION. A candidate requesting |
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public financing under this chapter must file the petition with the |
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commission not later than the applicable deadline for filing an |
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application for a place on the ballot or a declaration of write-in |
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candidacy. |
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Sec. 259.017. REQUIRED CAMPAIGN CONTRIBUTIONS. (a) A |
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candidate seeking public financing under this chapter must accept |
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and receive at least the amount specified by Subsection (b) in |
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political contributions during the period: |
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(1) beginning on the 120th day before the date an |
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application for a place on the ballot or a declaration of write-in |
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candidacy, as applicable, is required to be filed; and |
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(2) ending on the fifth day before the date an |
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application for a place on the ballot or a declaration of write-in |
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candidacy, as applicable, is required to be filed. |
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(b) The required amount of campaign contributions is: |
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(1) $12,500, if the candidate seeks a statewide |
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judicial office; or |
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(2) $5,000 from residents of the court of appeals |
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district for which the candidate seeks the office of chief justice |
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or justice of a court of appeals. |
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(c) Not later than the fifth day after the date the |
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commission certifies a candidate as eligible for public financing |
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under Section 259.018, a candidate who received more in political |
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contributions under this section than the applicable amount under |
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Subsection (b) shall deliver to the commission an amount equal to |
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the difference between the amount of political contributions |
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received and the applicable amount under Subsection (b). The |
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commission shall deliver money received under this subsection to |
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the comptroller for deposit in the fund. A candidate who is not |
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certified as eligible for public financing is not required to |
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deliver excess political contributions to the commission under this |
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subsection. |
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(d) Notwithstanding Section 254.034, a candidate who is |
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requesting public financing and who accepts a political |
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contribution under this section but who does not receive the |
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contribution until after the applicable date prescribed by |
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Subsection (a)(2) shall return the contribution to the contributor |
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not later than the fifth day after the date the candidate receives |
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the contribution. |
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Sec. 259.018. CERTIFICATION OF CANDIDATE AS ELIGIBLE. (a) |
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Not later than the fifth day after the date the commission |
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determines a candidate is eligible, the commission shall certify to |
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the comptroller as eligible for public financing each candidate |
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who: |
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(1) meets the requirements prescribed by Section |
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259.011; and |
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(2) is certified to the commission as conditionally |
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eligible under Section 259.012. |
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(b) A determination as to whether a candidate meets the |
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requirements prescribed by Section 259.017 must be based on reports |
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of political contributions and expenditures filed under Chapter |
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254. The commission is not required to make a determination as to |
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whether a candidate is eligible until the candidate makes a written |
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request for a determination. The commission shall make a |
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determination not later than the 15th day after the later of: |
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(1) the date the commission receives the request for a |
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determination; or |
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(2) the date the candidate files a report under |
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Chapter 254 covering the period prescribed by Section 259.017. |
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(c) The commission shall deliver a copy of a certification |
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under this section to: |
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(1) the affected candidate; and |
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(2) each opponent of the affected candidate. |
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Sec. 259.019. VERIFICATION OF PETITION. (a) The |
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commission is not required to verify a petition filed under this |
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subchapter unless, not later than the 10th day after the date a |
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petition is required to be filed under Section 259.016, a person |
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alleges to the commission in writing that the petition does not meet |
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the requirements prescribed by this chapter. |
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(b) The commission shall verify a petition as promptly as |
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possible after receiving an allegation under Subsection (a). |
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Pending verification, the commission may not certify the candidate |
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to the comptroller as eligible for public financing. |
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(c) On request of the commission, a voter registrar shall |
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verify the voter registration status of a signer of a petition filed |
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with the commission who the petition indicates is registered or has |
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been approved for registration in the county served by the |
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registrar. |
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(d) If the commission verifies that the petition meets the |
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requirements prescribed by this chapter and the candidate is |
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eligible for public financing: |
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(1) the commission shall certify the candidate to the |
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comptroller as eligible for public financing; and |
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(2) the comptroller shall distribute to the candidate |
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from the fund any money to which the candidate would have been |
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entitled if the candidate had been eligible during the period in |
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which the verification was pending. |
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SUBCHAPTER C. CAMPAIGN FINANCING FUND |
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Sec. 259.051. CAMPAIGN FINANCING FUND. (a) The campaign |
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financing fund is in the state treasury. |
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(b) The fund consists of: |
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(1) amounts appropriated to the fund; |
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(2) amounts refunded to the fund under Section 259.055 |
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or 259.056; |
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(3) amounts delivered to the commission under Section |
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259.017(c); |
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(4) amounts received by the commission or comptroller |
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as a gift or grant to the fund; and |
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(5) civil penalties collected by the commission for a |
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violation of this chapter or Section 253.155. |
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(c) For a person to be eligible to receive public financing, |
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the commission must certify to the comptroller that the person is |
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eligible as provided by Section 259.018. |
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(d) Money remaining in the fund at the end of an election |
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cycle is retained in the fund for the next election cycle. The |
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comptroller shall credit interest on money in the fund to the fund. |
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Money in the fund may be appropriated only for purposes of this |
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chapter. |
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Sec. 259.052. FUNDS FOR ELIGIBLE CANDIDATES. (a) In |
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connection with each general election for state and county |
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officers, the commission shall, not later than the 130th day before |
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the date an application for a place on the primary election ballot |
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is required to be filed, adopt rules prescribing the total amount of |
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public financing to which a candidate for an office covered by this |
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chapter whose name will appear on the ballot is entitled. The |
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commission shall determine the amount under this subsection based |
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on: |
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(1) the allocations prescribed by Subsections (b) and |
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(c); |
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(2) the comptroller's certified estimation as to the |
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amount that will be available in the fund for the calendar year in |
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which the election occurs; |
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(3) the secretary of state's estimation, based on |
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previous elections, of the number of candidates in each office |
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covered by this chapter who will be on the primary election ballot |
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or the general election ballot for that election; and |
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(4) the relative expense of a campaign for the office |
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the candidate seeks, considering the population and geographic size |
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of the office's jurisdiction and the price of advertising in that |
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jurisdiction. |
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(b) The commission shall prescribe amounts under Subsection |
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(a) to allocate: |
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(1) 25 percent to candidates for statewide judicial |
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office; and |
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(2) 75 percent to candidates for chief justice or |
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justice, court of appeals. |
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(c) The rules adopted under Subsection (a) must specify the |
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amount of each monthly distribution from the fund. The amount of a |
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monthly distribution made for January, February, or March must be |
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substantially greater than the amount of a monthly distribution |
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made for any other month. |
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Sec. 259.053. DISTRIBUTIONS FROM FUND. (a) A certified |
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candidate is entitled to a distribution from the fund for each month |
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that begins or ends during the period: |
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(1) beginning on the date an application for a place on |
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the ballot or a declaration of write-in candidacy, as applicable, |
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is required to be filed; and |
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(2) except as provided by Subsection (b), ending on |
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the 30th day after: |
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(A) the date an application for a place on the |
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ballot is required to be filed, if the candidate will not have an |
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opponent in the primary election or general election; |
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(B) the date of the primary election, if the |
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candidate has an opponent in the primary election and: |
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(i) will not have an opponent in the general |
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election; or |
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(ii) is not a candidate in the runoff |
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primary election or the general election; |
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(C) the date of the runoff primary election, if |
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the candidate is a candidate in that election and: |
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(i) will not have an opponent in the general |
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election; or |
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(ii) is not a candidate in the general |
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election; or |
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(D) the date of the general election. |
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(b) Notwithstanding Subsection (a)(2), after a person files |
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a declaration of write-in candidacy opposing a certified candidate |
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who would otherwise not have an opponent in the general election: |
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(1) the certified candidate is entitled to an amount |
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equal to 50 percent of each distribution from the fund scheduled to |
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be made after the date the candidate's opponent files the |
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declaration of write-in candidacy; and |
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(2) if the write-in candidate is certified as eligible |
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under Section 259.018, the write-in candidate is entitled to an |
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amount equal to 50 percent of each distribution from the fund |
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scheduled to be made after the date the candidate files the |
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declaration of write-in candidacy. |
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(c) The comptroller shall distribute money to certified |
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candidates as directed by the commission. If the amount in the fund |
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is insufficient to provide the amounts specified by rules adopted |
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under Section 259.052, the comptroller shall determine the amount |
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of available money and shall distribute the amount on a pro rata |
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basis. |
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Sec. 259.054. RESTRICTIONS ON USE OF MONEY FROM FUND. (a) |
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Money accepted by a candidate from the fund is considered to be a |
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campaign contribution to the candidate. Except as otherwise |
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provided by this chapter, the provisions of this title regulating |
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the use of political contributions apply to money accepted by a |
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candidate from the fund. |
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(b) A candidate may use money accepted from the fund only |
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for expenses related to the candidate's campaign for election. A |
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candidate may not use money accepted from the fund to make: |
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(1) a political contribution to another candidate, an |
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officeholder, or a political committee; |
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(2) a campaign expenditure in connection with an |
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office other than the office as to which the candidate accepted the |
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money; or |
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(3) an officeholder expenditure. |
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(c) A candidate who uses money from the fund in violation of |
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Subsection (b): |
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(1) is not eligible for any additional money from the |
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fund; and |
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(2) is liable for a civil penalty not to exceed three |
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times the amount of the money used in violation of Subsection (b). |
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Sec. 259.055. REFUND OF UNEXPENDED AMOUNTS. (a) Following |
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the candidate's last election during the election cycle for which |
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public financing is accepted, a candidate shall refund to the |
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comptroller amounts accepted from the fund that have not been |
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expended or contractually obligated. |
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(b) A refund under this section must be made not later than |
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the 30th day after the date of: |
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(1) the primary election, if the candidate is not a |
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candidate in the runoff primary election or the general election; |
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(2) the runoff primary election, if the candidate is a |
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candidate in that election and is not a candidate in the general |
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election; or |
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(3) the general election. |
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(c) The comptroller shall deposit refunds received under |
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this section to the credit of the fund. |
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(d) A person who violates this section is liable for a civil |
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penalty not to exceed three times the amount of money required to be |
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refunded that was not refunded as required by this section. |
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Sec. 259.056. WITHDRAWAL, INELIGIBILITY, OR DEATH OF |
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CANDIDATE. (a) A candidate who withdraws from an election or is |
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declared ineligible shall refund to the comptroller amounts |
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accepted from the fund that have not been expended or contractually |
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obligated. The candidate shall refund those amounts not later than |
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the 10th day after the date the candidate withdraws or is declared |
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ineligible. |
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(b) The campaign treasurer of a candidate who dies shall |
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refund to the comptroller amounts accepted from the fund that have |
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not been expended or contractually obligated. The campaign |
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treasurer shall refund those amounts not later than the 30th day |
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after the date the candidate dies. |
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(c) The comptroller shall deposit refunds received under |
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this section to the credit of the fund. |
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(d) A person who violates this section is liable for a civil |
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penalty not to exceed three times the amount of money required to be |
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refunded that was not refunded as required by this section. |
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Sec. 259.057. DEPOSIT OF CIVIL PENALTIES. The comptroller |
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shall deposit a civil penalty collected by the commission for a |
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violation of this subchapter to the credit of the fund. |
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SUBCHAPTER D. RESTRICTIONS ON ACCEPTANCE AND USE OF POLITICAL |
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CONTRIBUTIONS |
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Sec. 259.101. ACCEPTANCE OF CONTRIBUTIONS PROHIBITED. (a) |
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Except as provided by Section 259.015, 259.017, or 259.103, a |
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candidate or officeholder who accepts public financing or a |
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specific-purpose committee for supporting such a candidate, |
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opposing such a candidate's opponent, or assisting such an |
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officeholder acting with the candidate's or officeholder's |
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authorization may not accept a political contribution in |
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connection with the office for which the candidate or officeholder |
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accepted public financing. |
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(b) A person who violates this section is liable for a civil |
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penalty not to exceed three times the amount of political |
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contributions used in violation of this section. |
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Sec. 259.102. USE OF CONTRIBUTION FROM OTHER OFFICE |
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PROHIBITED. (a) Except as provided by Section 259.103, a candidate |
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or officeholder who accepts public financing or a specific-purpose |
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committee for supporting such a candidate, opposing such a |
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candidate's opponent, or assisting such an officeholder acting with |
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the candidate's or officeholder's authorization may not use a |
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political contribution to make a campaign expenditure for the |
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office for which the candidate or officeholder accepted public |
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financing or to make an officeholder expenditure in connection with |
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that office if the contribution was accepted while the candidate or |
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officeholder: |
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(1) was a candidate for an office other than the office |
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for which the candidate or officeholder accepted public financing; |
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or |
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(2) held an office other than the office for which the |
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candidate or officeholder accepted public financing, unless the |
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person had become a candidate for that office and the contribution |
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was accepted under Section 259.017. |
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(b) A person who violates this section is liable for a civil |
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penalty not to exceed three times the amount of political |
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contributions used in violation of this section. |
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Sec. 259.103. RESTRICTIONS NOT APPLICABLE TO CERTAIN |
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OFFICEHOLDERS. (a) Sections 259.101 and 259.102 do not apply to an |
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officeholder who accepted public financing and who seeks reelection |
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to the office for which the officeholder accepted public financing |
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or election to another office covered by this chapter if the |
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officeholder files a written statement with the commission that the |
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officeholder will not request public financing for the reelection |
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or election. |
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(b) An officeholder who files a statement under Subsection |
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(a) is not eligible for public financing for the reelection or |
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election to which the statement relates. |
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(c) An officeholder who accepted public financing or a |
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specific-purpose committee for assisting such an officeholder or |
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for supporting such an officeholder as a candidate or opposing the |
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officeholder's opponent acting with the candidate's or |
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officeholder's authorization may not accept a political |
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contribution before the officeholder files a statement under |
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Subsection (a). |
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(d) A person who violates Subsection (c) is liable for a |
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civil penalty not to exceed three times the amount of political |
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contributions used in violation of Subsection (c). |
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Sec. 259.104. RETENTION OF CONTRIBUTIONS FOR OFFICEHOLDER |
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PURPOSES. An officeholder who accepted public financing may retain |
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and use for officeholder purposes the unexpended amount, if any, of |
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political contributions accepted under Section 259.015 or 259.017. |
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Sec. 259.105. CERTAIN DIRECT CAMPAIGN EXPENDITURES |
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CONSIDERED CONTRIBUTION TO CANDIDATE. For purposes of Section |
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259.101, a direct campaign expenditure is considered to be a |
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campaign contribution to a candidate if the expenditure is made |
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with the cooperation or prior consent of, in consultation with, or |
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at the suggestion of: |
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(1) the candidate; |
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(2) a specific-purpose committee for supporting the |
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candidate or opposing the candidate's opponent acting with the |
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candidate's authorization; or |
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(3) another person acting with the candidate's |
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knowledge and consent. |
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SUBCHAPTER E. VOTER INFORMATION PAMPHLET |
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Sec. 259.131. APPLICABILITY OF SUBCHAPTER. This subchapter |
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applies to each candidate certified as eligible for public |
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financing. |
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Sec. 259.132. STATEMENT FILED BY CANDIDATE. Not later than |
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the 80th day before the date of the general election, a candidate |
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for an office covered by this subchapter may file with the secretary |
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of state an informational statement, on a form prescribed by the |
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secretary, to be included in a voter information pamphlet for that |
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election. |
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Sec. 259.133. STATEMENT REQUIREMENTS. (a) A candidate's |
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statement must include a summary of the following information: |
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(1) current occupation; |
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(2) educational and occupational background; |
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(3) biographical information; and |
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(4) any previous experience serving in government. |
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(b) The secretary of state shall prescribe the format and |
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length of the candidate's statement. |
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Sec. 259.134. REVIEW BY SECRETARY OF STATE. (a) Not later |
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than the fifth day after the date the candidate's statement is |
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received, the secretary of state shall review the statement to |
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determine whether it complies with Section 259.133. |
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(b) If the secretary of state determines that the statement |
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does not comply with Section 259.133, the secretary shall reject |
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the statement and deliver written notice of the reason for the |
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rejection to the candidate not later than the second day after the |
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date of rejection. |
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(c) A candidate whose statement is rejected may resubmit the |
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statement subject to the prescribed deadline. |
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Sec. 259.135. PREPARATION OF PAMPHLET. (a) The secretary |
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of state shall contract for the preparation and printing of a voter |
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information pamphlet after soliciting bids for that work. The |
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secretary may prepare separate pamphlets for different regions of |
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the state, including in each pamphlet only statewide offices and |
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the offices to be voted on in the region if the secretary determines |
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that distributing multiple pamphlets is more economical than |
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distributing a single pamphlet for statewide use. The secretary |
|
may prepare or print the pamphlet if the secretary determines that |
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the costs of that preparation or printing are less than or equal to |
|
the most reasonable bid submitted. |
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(b) On the request of the secretary of state, the commission |
|
shall direct the comptroller to transfer from the fund to the |
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secretary the money necessary for preparation of the pamphlet. |
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(c) The pamphlet must include each statement that complies |
|
with Sections 259.132 and 259.133 and is filed by a candidate whom |
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the commission has certified as eligible for public financing. |
|
Candidates whose names will appear on the ballot and write-in |
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candidates must be shown in separate groups. The order of the |
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candidates' names within the groups is determined by a drawing |
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conducted by the secretary of state. Candidates whose names will |
|
appear on the ballot must be identified by party or as an |
|
independent candidate, as applicable. |
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(d) The pamphlet must name each candidate for an office |
|
covered by this chapter whom the commission has not certified as |
|
eligible for public financing and must identify each such candidate |
|
by party or as an independent or write-in candidate, as applicable. |
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The pamphlet may not contain any other information about a |
|
candidate to whom this subsection applies. |
|
(e) The secretary of state shall prescribe appropriate |
|
explanatory material to be included in the pamphlet to assist the |
|
voters, including: |
|
(1) a statement that the pamphlet may be used at the |
|
polls to assist the voters in marking their ballots; and |
|
(2) a statement that candidates who are not eligible |
|
for public financing are not entitled to submit a candidate's |
|
statement for inclusion in the pamphlet. |
|
Sec. 259.136. DISTRIBUTION OF PAMPHLET. Not later than the |
|
45th day before the date of each 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. Section 253.175(b), Election Code, is amended to |
|
read as follows: |
|
(b) The judicial campaign fairness fund consists of: |
|
(1) penalties recovered under Section 253.176, other |
|
than penalties for a violation of Section 253.155; and |
|
(2) any gifts or grants received by the commission |
|
under Subsection (e). |
|
SECTION 3. Section 253.176, Election Code, is amended by |
|
amending Subsection (c) and adding Subsection (d) to read as |
|
follows: |
|
(c) A penalty collected under this section shall be |
|
deposited to the credit of the judicial campaign fairness fund, |
|
except as provided by Subsection (d). |
|
(d) A penalty collected under this section for a violation |
|
of Section 253.155 shall be deposited to the credit of the campaign |
|
financing fund established under Chapter 259. |
|
SECTION 4. Notwithstanding Chapter 259, Election Code, as |
|
added by this Act, a person who on September 1, 2015, 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. |
|
SECTION 5. This Act takes effect September 1, 2015. |