Bill Text: TX HB1999 | 2011-2012 | 82nd Legislature | Introduced

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Bill Title: Relating to the nonpartisan election of district judges.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2011-03-08 - Referred to Judiciary & Civil Jurisprudence [HB1999 Detail]

Download: Texas-2011-HB1999-Introduced.html

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82R9502 JRH-D
By: Garza H.B. No. 1999

A BILL TO BE ENTITLED
AN ACT
relating to the nonpartisan election of district judges.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 41.002, Election Code, is amended to
read as follows:
Sec. 41.002. GENERAL ELECTION FOR STATE AND COUNTY
OFFICERS. (a) The general election for state and county officers,
including the nonpartisan judicial general election, shall be held
on the first Tuesday after the first Monday in November in
even-numbered years.
(b) Any nonpartisan judicial runoff election shall be held
on the first Tuesday after the first Monday in December following
the general election.
SECTION 2. The Election Code is amended by adding Title 17
to read as follows:
TITLE 17. NONPARTISAN JUDICIAL ELECTIONS
CHAPTER 291. NONPARTISAN JUDICIAL ELECTION
SUBCHAPTER A. NONPARTISAN ELECTION OF JUDGES GENERALLY
Sec. 291.001. APPLICABILITY OF CHAPTER. The office of
district judge is subject to nonpartisan election in accordance
with this chapter at the last nonpartisan judicial general election
to be held before the date the term of the office expires.
Sec. 291.002. PARTY NOMINATION PROHIBITED. Nomination of a
candidate for election to the office of district judge by a
political party is prohibited.
Sec. 291.003. VOTE REQUIRED FOR ELECTION. (a) To be
elected to the office of district judge, a candidate must receive a
majority of the total number of votes received by all candidates for
the office.
(b) If no candidate for a particular office receives the
vote required for election, a runoff election for that office is
required. Except as otherwise provided by this chapter, Subchapter
B, Chapter 2, applies to a runoff election held under this chapter.
Sec. 291.004. APPLICABILITY OF OTHER PARTS OF CODE. The
other titles of this code apply to a nonpartisan judicial election
except provisions that are inconsistent with this title or that
cannot feasibly be applied in a nonpartisan judicial election.
Sec. 291.005. ADDITIONAL PROCEDURES. The secretary of
state shall prescribe any additional procedures necessary for the
orderly and proper administration of elections held under this
chapter.
[Sections 291.006-291.020 reserved for expansion]
SUBCHAPTER B. APPLICATION FOR PLACE ON BALLOT
Sec. 291.021. APPLICATION REQUIRED. (a) To be entitled to
a place on the nonpartisan judicial election ballot, a candidate
must make an application for a place on the ballot.
(b) An application must, in addition to complying with
Section 141.031, be accompanied by the appropriate filing fee or,
instead of the filing fee, a petition that satisfies the
requirements prescribed by Section 141.062.
(c) An application filed by mail is considered to be filed
at the time of its receipt by the appropriate authority.
(d) Signatures on a petition filed under Subsection (b) may
not be obtained on the grounds of a county courthouse or courthouse
annex.
Sec. 291.022. AUTHORITY WITH WHOM APPLICATION FILED. An
application for a place on the nonpartisan judicial election ballot
must be filed with the secretary of state.
Sec. 291.023. REGULAR FILING DEADLINE. (a) An application
for a place on the nonpartisan judicial election ballot must be
filed not later than 5 p.m. of the 30th day after runoff primary
election day, except as provided by Sections 291.053 and 202.008.
(b) An application may not be filed earlier than the 30th
day before the date of the regular filing deadline.
Sec. 291.024. FILING FEE. (a) The filing fee for a
nonpartisan judicial candidate is as follows:
(1) district judge, criminal district judge, or
family district judge, other than a judge specified by
Subdivision (2) 1,200
(2) district or criminal district judge of a court in a
judicial district wholly contained in a county with a population of
more than one million 2,000
(b) The secretary of state shall allocate the filing fee for
the office of district judge among the counties comprising the
district, with each county's allocation equal to the quotient
obtained by dividing the amount of the fee by the number of counties
wholly or partly in the district. The secretary of state shall
deliver each county's allocation to the county clerk not later than
the 20th day after the date of the filing deadline.
(c) On receipt of an allocation under Subsection (b), the
county clerk shall deposit it in the county treasury to the credit
of the county general fund.
Sec. 291.025. NUMBER OF PETITION SIGNATURES REQUIRED. The
minimum number of signatures that must appear on the petition
authorized by Section 291.021 is the lesser of:
(1) 500; or
(2) two percent of the total vote received in the
district by all the candidates for governor in the most recent
gubernatorial general election, unless that number is under 50, in
which case the required number of signatures is the lesser of:
(A) 50; or
(B) 20 percent of that total vote.
Sec. 291.026. STATEMENT ON PETITION. The following
statement must appear at the top of each page of a petition to be
filed under Section 291.021: "I know that the purpose of this
petition is to entitle (insert candidate's name) to have his or her
name placed on the ballot for the office of (insert office title,
including any place number or other distinguishing number) for the
nonpartisan judicial election."
Sec. 291.027. CERTIFICATION OF NAMES FOR PLACEMENT ON
NONPARTISAN JUDICIAL GENERAL ELECTION BALLOT. (a) Except as
provided by Subsection (c), the secretary of state shall certify in
writing for placement on the nonpartisan judicial general election
ballot the name of each candidate who files with the secretary an
application that complies with Section 291.021(b).
(b) Not later than the 62nd day before election day, the
secretary of state shall deliver the certification to the authority
responsible for having the official ballot prepared in each county
in which the candidate's name is to appear on the ballot.
(c) A candidate's name may not be certified:
(1) if, before delivering the certification, the
secretary of state learns that the name is to be omitted from the
ballot under Section 291.054; or
(2) for an office for which the candidate's
application is invalid under Section 141.033.
[Sections 291.028-291.050 reserved for expansion]
SUBCHAPTER C. WITHDRAWAL, DEATH, AND INELIGIBILITY
OF CANDIDATE
Sec. 291.051. WITHDRAWAL, DEATH, OR INELIGIBILITY
GENERALLY. With respect to withdrawal, death, or ineligibility of
a candidate in a nonpartisan judicial election, this subchapter
supersedes Subchapter A, Chapter 145, to the extent of any
conflict.
Sec. 291.052. WITHDRAWAL FROM NONPARTISAN JUDICIAL GENERAL
ELECTION. (a) A candidate may not withdraw from the nonpartisan
judicial general election after the 74th day before election day.
(b) A withdrawal request must be filed with the authority
with whom the withdrawing candidate's application for a place on
the ballot is required to be filed.
Sec. 291.053. EXTENDED FILING DEADLINE. (a) The deadline
for filing an application for a place on the nonpartisan judicial
general election ballot is extended as provided by this section if a
candidate who has made an application that complies with the
applicable requirements:
(1) dies on or after the fifth day before the date of
the regular filing deadline and on or before the 74th day before
election day;
(2) holds the office for which the application was
made and withdraws or is declared ineligible on or after the date of
the regular filing deadline and on or before the 74th day before
election day; or
(3) withdraws or is declared ineligible during the
period prescribed by Subdivision (2), and at the time of the
withdrawal or declaration of ineligibility no other candidate has
made an application that complies with the applicable requirements
for the office sought by the withdrawn or ineligible candidate.
(b) If the deadline for filing applications for an office is
extended, an application must be filed not later than 5 p.m. of the
69th day before election day.
(c) Notice of the extended filing shall be given in the same
manner as provided for a primary election.
Sec. 291.054. WITHDRAWN, DECEASED, OR INELIGIBLE
CANDIDATE'S NAME OMITTED FROM NONPARTISAN JUDICIAL GENERAL
ELECTION BALLOT. A candidate's name shall be omitted from the
nonpartisan judicial general election ballot if the candidate
withdraws, dies, or is declared ineligible on or before the 65th day
before election day.
Sec. 291.055. DECEASED OR INELIGIBLE CANDIDATE'S NAME TO
APPEAR ON NONPARTISAN JUDICIAL GENERAL ELECTION BALLOT. If a
candidate who has made an application for a place on the nonpartisan
judicial general election ballot that complies with the applicable
requirements dies or is declared ineligible after the 74th day
before election day, the candidate's name shall be placed on the
nonpartisan judicial general election ballot.
Sec. 291.056. WITHDRAWAL FROM RUNOFF. (a) A candidate may
not withdraw from the nonpartisan judicial runoff election after 5
p.m. of the 10th day after the date of the nonpartisan judicial
general election.
(b) A withdrawal request for the runoff must be filed with
the authority with whom the withdrawing candidate's application for
a place on the ballot is required to be filed.
(c) If a runoff candidate withdraws, the remaining
candidate is the winner and the runoff election for that office is
not held.
Sec. 291.057. DECEASED OR INELIGIBLE CANDIDATE'S NAME TO
APPEAR ON RUNOFF BALLOT. If a candidate in the nonpartisan judicial
runoff election dies or is declared ineligible before runoff
election day, the candidate's name shall be placed on the ballot.
[Sections 291.058-291.070 reserved for expansion]
SUBCHAPTER D. CONDUCT OF ELECTION
Sec. 291.071. NONPARTISAN JUDICIAL ELECTION BALLOT. The
nonpartisan judicial offices and candidates shall be listed as a
separate ballot on the general election ballot following the
partisan offices under the heading "Election For Nonpartisan
Judicial Offices."
Sec. 291.072. GENERAL PROCEDURE FOR CONDUCT OF NONPARTISAN
JUDICIAL ELECTION. Except as otherwise provided by this code, the
nonpartisan judicial election shall be conducted and the results
canvassed, tabulated, and reported in the manner applicable to
partisan offices in the general election for state and county
officers.
Sec. 291.073. CERTIFICATION OF CANDIDATES FOR PLACEMENT ON
RUNOFF BALLOT. (a) The secretary of state shall certify in writing
for placement on the nonpartisan judicial runoff election ballot
the name of each candidate who is to be a candidate in the runoff.
(b) The secretary of state shall deliver the certification
to the authority responsible for having the official ballot
prepared in each affected county as soon as practicable after the
state canvass of the nonpartisan judicial general election is
completed.
Sec. 291.074. GENERAL PROCEDURE FOR CONDUCT OF NONPARTISAN
JUDICIAL RUNOFF ELECTION. The nonpartisan judicial runoff election
shall be conducted and the results canvassed, tabulated, and
reported in the same manner as the nonpartisan judicial general
election.
SECTION 3. Section 1.005, Election Code, is amended by
amending Subdivision (9) and adding Subdivisions (25) and (26) to
read as follows:
(9) "Independent candidate" means a candidate in a
nonpartisan election or a candidate in a partisan election who is
not the nominee of a political party. The term does not include a
nonpartisan judicial candidate.
(25) "Nonpartisan judicial candidate" means a
candidate in a nonpartisan judicial election.
(26) "Nonpartisan judicial election" means an
election held under Chapter 291.
SECTION 4. Section 52.092, Election Code, is amended by
amending Subsections (a) and (d) and adding Subsection (f-1) to
read as follows:
(a) For an election at which offices regularly filled at the
general election for state and county officers, including the
nonpartisan judicial election, are to appear on the ballot, the
offices shall be listed in the following order:
(1) offices of the federal government;
(2) offices of the state government:
(A) statewide offices;
(B) district offices;
(3) offices of the county government:
(A) county offices;
(B) precinct offices.
(d) District offices of the state government shall be listed
in the following order:
(1) member, State Board of Education;
(2) state senator;
(3) state representative;
(4) chief justice, court of appeals;
(5) justice, court of appeals;
(6) [district judge;
[(7) criminal district judge;
[(8) family district judge;
[(9)] district attorney;
(7) [(10)] criminal district attorney.
(f-1) The nonpartisan judicial offices shall be listed in
the following order:
(1) district judge;
(2) criminal district judge;
(3) family district judge.
SECTION 5. Section 141.001(a), Election Code, is amended to
read as follows:
(a) To be eligible to be a candidate for, or elected or
appointed to, a public elective office in this state, a person must:
(1) be a United States citizen;
(2) be 18 years of age or older on the first day of the
term to be filled at the election or on the date of appointment, as
applicable;
(3) have not been determined by a final judgment of a
court exercising probate jurisdiction to be:
(A) totally mentally incapacitated; or
(B) partially mentally incapacitated without the
right to vote;
(4) have not been finally convicted of a felony from
which the person has not been pardoned or otherwise released from
the resulting disabilities;
(5) have resided continuously in the state for 12
months and in the territory from which the office is elected for six
months immediately preceding the following date:
(A) for a candidate whose name is to appear on a
general primary election ballot, the date of the regular filing
deadline for a candidate's application for a place on the ballot;
(B) for an independent candidate or a nonpartisan
judicial candidate, the date of the regular filing deadline for a
candidate's application for a place on the ballot;
(C) for a write-in candidate, the date of the
election at which the candidate's name is written in;
(D) for a party nominee who is nominated by any
method other than by primary election, the date the nomination is
made; and
(E) for an appointee to an office, the date the
appointment is made; and
(6) satisfy any other eligibility requirements
prescribed by law for the office.
SECTION 6. Section 145.003(b), Election Code, is amended to
read as follows:
(b) A candidate in the general election for state and county
officers, including the nonpartisan judicial general election, may
be declared ineligible before the 30th day preceding election day
by:
(1) the party officer responsible for certifying the
candidate's name for placement on the general election ballot, in
the case of a candidate who is a political party's nominee; or
(2) the authority with whom the candidate's
application for a place on the ballot is required to be filed, in
the case of an independent candidate or a nonpartisan judicial
candidate, as applicable.
SECTION 7. Section 145.005(a), Election Code, is amended to
read as follows:
(a) If the name of a deceased or ineligible candidate
appears on the ballot [under this chapter], the votes cast for the
candidate shall be counted and entered on the official election
returns in the same manner as for the other candidates.
SECTION 8. Section 146.021, Election Code, is amended to
read as follows:
Sec. 146.021. APPLICABILITY OF SUBCHAPTER. This subchapter
applies to a write-in candidate for an office that is to be voted on
at the general election for state and county officers, including
the nonpartisan judicial general election.
SECTION 9. Section 172.021(e), Election Code, is amended to
read as follows:
(e) A candidate for an office specified by Section
172.024(a)(8)[,] or (10)[, or (12)], or for justice of the peace in
a county with a population of more than 850,000, who chooses to pay
the filing fee must also accompany the application with a petition
for a place on the primary ballot as a candidate for judicial office
that complies with the requirements prescribed for the petition
authorized by Subsection (b), except that the minimum number of
signatures that must appear on the petition required by this
subsection is 250. If the candidate chooses to file the petition
authorized by Subsection (b) in lieu of the filing fee, the minimum
number of signatures required for that petition is increased by
250. Signatures on a petition filed under this subsection or
Subsection (b) by a candidate covered by this subsection may not be
obtained on the grounds of a county courthouse or courthouse annex.
SECTION 10. Section 172.024(a), Election Code, is amended
to read as follows:
(a) The filing fee for a candidate for nomination in the
general primary election is as follows:
(1) United States senator $5,000
(2) office elected statewide, except United States
senator 3,750
(3) United States representative 3,125
(4) state senator 1,250
(5) state representative 750
(6) member, State Board of Education 300
(7) chief justice or justice, court of appeals, other
than a justice specified by Subdivision (8) 1,875
(8) chief justice or justice of a court of appeals that
serves a court of appeals district in which a county
with a population of more than 750,000 is wholly or partly
situated 2,500
(9) [district judge or judge specified by Section
52.092(d) for which this schedule does not otherwise prescribe a
fee 1,500
[(10) district or criminal district judge of a court
in a judicial district wholly contained in a county with a
population of more than 850,000 2,500
[(11)] judge, statutory county court, other than a
judge specified by Subdivision (12) 1,500
(10) [(12)] judge of a statutory county court in a
county with a population of more than 850,000 2,500
(11) [(13)] district attorney, criminal district
attorney, or county attorney performing the duties of a district
attorney 1,250
(12) [(14)] county commissioner, district clerk,
county clerk, sheriff, county tax assessor-collector, county
treasurer, or judge, constitutional county court:
(A) county with a population of 200,000
or more 1,250
(B) county with a population of
under 200,000 750
(13) [(15)] justice of the peace or constable:
(A) county with a population of 200,000
or more 1,000
(B) county with a population of
under 200,000 375
(14) [(16)] county surveyor75
(15) [(17)] office of the county government for which
this schedule does not otherwise prescribe a fee 750
SECTION 11. Chapter 202, Election Code, is amended by
amending Section 202.002 and adding Section 202.008 to read as
follows:
Sec. 202.002. VACANCY FILLED AT GENERAL ELECTION. (a) If a
vacancy occurs on or before the 74th day before the date of the
general election for state and county officers, including the
nonpartisan judicial general election, held in the next-to-last
even-numbered year of a term of office, the remainder of the
unexpired term shall be filled at the next such general election
[for state and county officers], as provided by this chapter.
(b) If a vacancy occurs after the 74th day before the
applicable [a] general election day, an election for the unexpired
term may not be held at that general election. The appointment to
fill the vacancy continues until the next succeeding applicable
general election and until a successor has been elected and has
qualified for the office.
Sec. 202.008. FILING DEADLINE FOR APPLICATION OF
NONPARTISAN JUDICIAL CANDIDATE. (a) If a vacancy in a nonpartisan
judicial office occurs on or before the 10th day before the date of
the regular deadline for filing an application for a place on the
nonpartisan judicial general election ballot, an application for
the unexpired term must be filed by the regular filing deadline.
(b) If the vacancy occurs after the 10th day before the date
of the regular filing deadline, an application for the unexpired
term must be filed not later than 5 p.m. of the 15th day after the
date the vacancy occurs or 5 p.m. of the 60th day before election
day, whichever is earlier.
(c) The filing fee or petition requirements for a candidate
for an unexpired term are the same as for a candidate for a full
term.
SECTION 12. Each judge in office on the effective date of
this Act, unless otherwise removed as provided by law, continues in
office for the term to which elected or for the period for which
appointed, as applicable.
SECTION 13. This Act takes effect September 1, 2011.