BILL ANALYSIS

 

 

Senate Research Center	S.B. 44
85R582 ATP-F	By: Zaffirini
	State Affairs
	2/8/2017
	As Filed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Until 2015, candidates for various judicial offices were required to submit a petition containing 250 signatures in addition to the filing fee or, if a candidate submitted a petition in lieu of the filing fee, 250 additional signatures. A bill last session removed that requirement. In the interim, many judges have raised serious concerns regarding the repeal of the signature requirement. As these judges explained, the absence of the signature requirement permits the unseemly possibility of last-minute filing by non-serious candidates with poor track records and little engagement with the community. In their view, permitting a candidate who cannot demonstrate even minimal community support to run for judicial office will result in less qualified candidates being elected to the bench, potentially compromising the integrity and eroding the reputation of the judiciary. Accordingly, this bill would reinstate the requirement exactly as it appeared under the former law.

 

As proposed, S.B. 44 amends current law relating to petition requirements for an application for a place on the general primary election ballot for certain judicial offices.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Section 172.021, Election Code, by adding Subsections (e) and (g), as follows:

 

(e) Requires certain candidates for judicial office in a county with a population of more than 1.5 million, who choose to pay the filing fee, to also accompany the application with a petition for a place on the primary ballot as a candidate for judicial office that complies with certain requirements, except that the minimum number of required signatures is 250. Provides that if the candidate chooses to file the authorized petition in lieu of the filing fee, the minimum number of signatures required for that petition is increased by 250. Prohibits petition signatures from being obtained on the grounds of a county courthouse or courthouse annex.

 

(g) Requires a candidate for certain judicial offices who chooses to pay the filing fee to accompany the application with a petition that complies with certain requirements, except that the minimum number of signatures that must appear on the required petition is 50 from each court of appeals district.

 

SECTION 2. Effective date: upon passage or September 1, 2017.