Bill Text: TX SB1718 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to filling vacancies in appellate judicial offices by appointment, partisan elections for all judicial offices, and nonpartisan elections for the retention or rejection for all judicial offices.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2011-05-30 - Co-author authorized [SB1718 Detail]
Download: Texas-2011-SB1718-Introduced.html
82R5538 JRH-D | ||
By: Duncan | S.B. No. 1718 |
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relating to filling vacancies in appellate judicial offices by | ||
appointment, partisan elections for all judicial offices, and | ||
nonpartisan elections for the retention or rejection for all | ||
judicial offices. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter D, Chapter 22, Government Code, is | ||
amended by adding Sections 22.303 and 22.304 to read as follows: | ||
Sec. 22.303. ELECTION, RETENTION, AND APPOINTMENT OF | ||
APPELLATE JUSTICES AND JUDGES. (a) The office of appellate justice | ||
or judge is subject to partisan election in accordance with the | ||
applicable provisions of the Election Code at the last general | ||
election for state and county officers to be held before the date: | ||
(1) the term of a justice or judge who was elected in a | ||
partisan election or retained in a nonpartisan judicial retention | ||
election expires, if the justice or judge does not seek retention; | ||
or | ||
(2) the initial term, including a partial term, of a | ||
justice or judge who was appointed expires. | ||
(b) In conjunction with the last general election for state | ||
and county officers to be held before the end of a term of office to | ||
which an appellate justice or judge is elected, and in conjunction | ||
with the last general election to be held before the end of each | ||
following continuous term in that office, the justice or judge is | ||
subject to retention or rejection at the nonpartisan judicial | ||
retention election in accordance with Chapter 521, Election Code. | ||
(c) If an appellate justice or judge does not seek | ||
retention, or withdraws from the retention election, as provided by | ||
Chapter 521, Election Code, the vacancy existing at the beginning | ||
of the succeeding term shall be filled in the manner prescribed by | ||
the constitution. | ||
(d) If a vacancy occurs in the office of an appellate | ||
justice or judge seeking retention and the name of the justice or | ||
judge is omitted from the retention election ballot under Chapter | ||
521, Election Code, the vacancy shall be filled in the manner | ||
prescribed by the constitution. | ||
Sec. 22.304. EFFECT OF RETENTION VOTE. (a) If a majority | ||
of the votes received on the question are for the retention of the | ||
appellate justice or judge, the person is entitled to remain in | ||
office for a regular term beginning on the first day of the | ||
following January, unless the person becomes ineligible or is | ||
removed as provided by law. | ||
(b) If less than a majority of the votes received on the | ||
question are for retention, a vacancy in the office exists on the | ||
first day of the following January, and the vacancy shall be filled | ||
in the manner prescribed by the constitution. | ||
(c) If the name of an appellate justice or judge seeking | ||
retention appears on the retention election ballot under Chapter | ||
521, Election Code, although a vacancy has occurred in the office, | ||
the retention election for that office has no effect, and the | ||
vacancy shall be filled in the manner prescribed by the | ||
constitution. | ||
SECTION 2. Chapter 24, Government Code, is amended by | ||
adding Subchapter A-1 to read as follows: | ||
SUBCHAPTER A-1. ELECTION AND RETENTION OF DISTRICT JUDGES | ||
Sec. 24.051. ELECTION AND RETENTION CYCLE. (a) A district | ||
judge is subject to partisan election in accordance with the | ||
applicable provisions of the Election Code at the last general | ||
election for state and county officers to be held before the date: | ||
(1) the term of a judge who was elected in a partisan | ||
election or retained in a nonpartisan judicial retention election | ||
expires, if the judge does not seek retention; or | ||
(2) the initial term, including a partial term, of a | ||
judge who was appointed expires. | ||
(b) In conjunction with the last general election for state | ||
and county officers to be held before the end of a term of office to | ||
which a district judge is elected, and in conjunction with the last | ||
general election to be held before the end of each following | ||
continuous term in that office, the judge is subject to retention or | ||
rejection at the nonpartisan judicial retention election in | ||
accordance with Chapter 521, Election Code. | ||
(c) If a district judge does not seek retention, or | ||
withdraws from the retention election, as provided by Chapter 521, | ||
Election Code, the vacancy existing at the beginning of the | ||
succeeding term shall be filled in the manner prescribed by the | ||
constitution. | ||
(d) If a vacancy occurs in the office of a district judge | ||
seeking retention and the judge's name is omitted from the | ||
retention election ballot under Chapter 521, Election Code, the | ||
vacancy shall be filled in the manner prescribed by the | ||
constitution. | ||
Sec. 24.052. EFFECT OF RETENTION VOTE. (a) If a majority | ||
of the votes received on the question are for the retention of the | ||
district judge, the person is entitled to remain in office for a | ||
regular term of four years beginning on the first day of the | ||
following January, unless the person becomes ineligible or is | ||
removed as provided by law. | ||
(b) If less than a majority of the votes received on the | ||
question are for retention, a vacancy in the office exists on the | ||
first day of the following January, and the vacancy shall be filled | ||
in the manner prescribed by the constitution. | ||
(c) If the name of a district judge seeking retention | ||
appears on the retention election ballot under Chapter 521, | ||
Election Code, although a vacancy has occurred in the office, the | ||
retention election for that office has no effect, and the vacancy | ||
shall be filled in the manner prescribed by the constitution. | ||
SECTION 3. The Election Code is amended by adding Title 18 | ||
to read as follows: | ||
TITLE 18. NONPARTISAN JUDICIAL RETENTION ELECTIONS | ||
CHAPTER 521. RETENTION ELECTION | ||
Sec. 521.001. DECLARATION OF CANDIDACY. (a) Not later than | ||
5 p.m. on December 1 preceding the nonpartisan judicial retention | ||
election at which the justice or judge is subject to retention or | ||
rejection, a justice or judge who seeks to continue to serve in that | ||
office must file with the secretary of state a declaration of | ||
candidacy to succeed to the next term. | ||
(b) A declaration may not be filed earlier than the 30th day | ||
before the date of the filing deadline. A declaration filed by mail | ||
is considered to be filed at the time of its receipt by the | ||
appropriate authority. | ||
(c) The filling of the subsequent vacancy for the office for | ||
which a declaration of candidacy is not filed is covered by Section | ||
22.303, Government Code, for an appellate justice or judge or | ||
Chapter 24, Government Code, for the office of district judge. | ||
Sec. 521.002. WITHDRAWAL, DEATH, OR INELIGIBILITY. (a) | ||
With respect to withdrawal, death, or ineligibility of a candidate | ||
in a nonpartisan judicial retention election, this section | ||
supersedes Subchapter A, Chapter 145, to the extent of any | ||
conflict. | ||
(b) A candidate may not withdraw from the retention election | ||
after the 74th day before election day. | ||
(c) A withdrawal request must be filed with the authority | ||
with whom the withdrawing candidate's declaration of candidacy is | ||
required to be filed. | ||
(d) A candidate's name shall be omitted from the retention | ||
election ballot if the candidate withdraws, dies, or is declared | ||
ineligible on or before the 74th day before election day. | ||
(e) If a candidate who has made a declaration of candidacy | ||
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 retention election ballot. | ||
(f) The filling of the subsequent vacancy for the office | ||
following implementation of Subsection (d) or (e) is covered by | ||
Section 22.303, Government Code, for an appellate justice or judge | ||
or Chapter 24, Government Code, for the office of district judge. | ||
Sec. 521.003. CERTIFICATION OF NAMES FOR PLACEMENT ON | ||
RETENTION ELECTION BALLOT. (a) Except as provided by Subsection | ||
(c), the secretary of state shall certify in writing for placement | ||
on the nonpartisan judicial retention election ballot the name of | ||
each candidate who files with the secretary a declaration of | ||
candidacy that complies with Section 521.001. | ||
(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 if, before | ||
delivering the certification, the secretary of state learns that | ||
the name is to be omitted from the ballot under Section 521.002. | ||
Sec. 521.004. RETENTION ELECTION BALLOT. The name of the | ||
person subject to retention or rejection shall be submitted to the | ||
voters on the nonpartisan judicial retention election ballot | ||
following the offices subject to election under the heading | ||
"Retention of Nonpartisan Judicial Offices," in substantially the | ||
following form: | ||
"Shall (Justice or Judge)_______________________ | ||
______________________________________________ | ||
be retained in office as (justice or judge) of the | ||
(name of court)_________________________?" | ||
____"Yes" | ||
____"No" | ||
Sec. 521.005. GENERAL PROCEDURE FOR CONDUCT OF RETENTION | ||
ELECTION. (a) Except as otherwise provided by this code, the | ||
nonpartisan judicial retention 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. | ||
(b) A certificate of election shall be issued to a retained | ||
officer in the same manner as provided for a candidate elected to an | ||
office. | ||
Sec. 521.006. WRITE-IN VOTING PROHIBITED. Write-in voting | ||
is not permitted in a nonpartisan judicial retention election. | ||
Sec. 521.007. POLITICAL CONTRIBUTIONS AND EXPENDITURES. A | ||
candidate for retention of a judicial office is subject to Title 15 | ||
and shall comply with that title in the same manner as a candidate | ||
for election to the office. | ||
Sec. 521.008. APPLICABILITY OF OTHER PARTS OF CODE. The | ||
other titles of this code apply to a nonpartisan judicial retention | ||
election except provisions that are inconsistent with this title or | ||
that cannot feasibly be applied in a retention election. | ||
Sec. 521.009. ADDITIONAL PROCEDURES. The secretary of | ||
state shall prescribe any additional procedures necessary for the | ||
orderly and proper administration of elections held under this | ||
chapter. | ||
SECTION 4. Section 1.005, Election Code, is amended by | ||
amending Subdivision (9) and adding Subdivisions (12-a) and (12-b) | ||
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. | ||
(12-a) "Nonpartisan judicial candidate" means a | ||
candidate in a nonpartisan judicial retention election. | ||
(12-b) "Nonpartisan judicial retention election" | ||
means an election held under Title 18. | ||
SECTION 5. Section 41.002, Election Code, is amended to | ||
read as follows: | ||
Sec. 41.002. GENERAL ELECTION FOR STATE AND COUNTY | ||
OFFICERS. The general election for state and county officers, | ||
including the nonpartisan judicial retention election, shall be | ||
held on the first Tuesday after the first Monday in November in | ||
even-numbered years. | ||
SECTION 6. Section 52.092, Election Code, is amended by | ||
amending Subsection (a) and adding Subsections (f-1) and (f-2) 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 retention 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. | ||
(f-1) Nonpartisan statewide judicial retention election | ||
offices shall be listed in the following order: | ||
(1) chief justice, supreme court; | ||
(2) justice, supreme court; | ||
(3) presiding judge, court of criminal appeals; | ||
(4) judge, court of criminal appeals; | ||
(5) chief justice, court of appeals; | ||
(6) justice, court of appeals. | ||
(f-2) Nonpartisan district judicial retention election | ||
offices shall be listed in the following order: | ||
(1) district judge; | ||
(2) criminal district judge; | ||
(3) family district judge. | ||
SECTION 7. 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 retention 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 or declaration of candidacy is | ||
required to be filed, in the case of an independent candidate or a | ||
nonpartisan judicial candidate, as applicable. | ||
SECTION 8. 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 [ |
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candidate shall be counted and entered on the official election | ||
returns in the same manner as for the other candidates. | ||
SECTION 9. Section 202.001, Election Code, is amended to | ||
read as follows: | ||
Sec. 202.001. APPLICABILITY OF CHAPTER. This chapter | ||
applies to elective offices of the state and county governments | ||
except the offices of: | ||
(1) state senator and state representative; and | ||
(2) justice or judge of an appellate or district | ||
court. | ||
SECTION 10. Section 253.153(a), Election Code, is amended | ||
to read as follows: | ||
(a) A judicial candidate or officeholder, a | ||
specific-purpose committee for supporting or opposing a judicial | ||
candidate, or a specific-purpose committee for assisting a judicial | ||
officeholder may not knowingly accept a political contribution | ||
except during the period: | ||
(1) beginning on: | ||
(A) if the office is subject to a nonpartisan | ||
judicial retention election, the 210th day before the date a | ||
declaration of candidacy is required to be filed; or | ||
(B) if the office is not subject to a nonpartisan | ||
judicial retention election: | ||
(i) the 210th day before the date an | ||
application for a place on the ballot or for nomination by | ||
convention for the office is required to be filed, if the election | ||
is for a full term; or | ||
(ii) [ |
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before the date an application for a place on the ballot or for | ||
nomination by convention for the office is required to be filed or | ||
the date a vacancy in the office occurs, if the election is for an | ||
unexpired term; and | ||
(2) ending on the 120th day after the date of the | ||
election in which the candidate or officeholder last appeared on | ||
the ballot, regardless of whether the candidate or officeholder has | ||
an opponent in that election. | ||
SECTION 11. (a) Each appellate justice or judge in office | ||
January 1, 2012, unless otherwise removed as provided by law, | ||
continues in office subject to this section. | ||
(b) Each appellate justice or judge who is in office January | ||
1, 2012, is subject to retention or rejection, in the manner | ||
provided by law for a justice or judge appointed to the office after | ||
the effective date of this Act, at the last general election | ||
preceding the expiration of the regular or unexpired term for which | ||
each was elected or appointed. | ||
SECTION 12. (a) Each district judge in office January 1, | ||
2012, unless otherwise removed as provided by law, continues in | ||
office subject to this section. | ||
(b) Each district judge in office January 1, 2012, is | ||
subject to retention or rejection, in the manner provided by law, at | ||
the general election preceding the expiration of the regular or | ||
unexpired term for which each was elected or appointed. A vacancy | ||
does not exist in those offices until the expiration of the term of | ||
the person who held the office January 1, 2012, or until that person | ||
does not hold the office, whichever occurs first. | ||
SECTION 13. This Act takes effect January 1, 2012, but only | ||
if the constitutional amendment proposed by the 82nd Legislature, | ||
Regular Session, 2011, providing for appointment to fill vacancies | ||
in the offices of the justices and judges of the appellate courts, | ||
for partisan elections for all judicial offices, and for subsequent | ||
nonpartisan retention elections for all judicial offices is | ||
approved by the voters. If that amendment is not approved by the | ||
voters, this Act has no effect. |