Texas 2009 - 81st Regular

Texas Senate Bill SB2226 Compare Versions

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1	1	By: Duncan S.B. No. 2226
2	2	(In the Senate - Filed March 13, 2009; March 31, 2009, read
3	3	first time and referred to Committee on State Affairs;
4	4	April 17, 2009, reported favorably by the following vote: Yeas 5,
5	5	Nays 1; April 17, 2009, sent to printer.)
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to filling vacancies in appellate judicial offices by
11	11	appointment, partisan elections for all judicial offices, and
12	12	nonpartisan elections for the retention or rejection for all
13	13	judicial offices.
14	14	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	15	SECTION 1. Subchapter D, Chapter 22, Government Code, is
16	16	amended by adding Sections 22.303 and 22.304 to read as follows:
17	17	Sec. 22.303. ELECTION, RETENTION, AND APPOINTMENT OF
18	18	APPELLATE JUSTICES AND JUDGES. (a) The office of appellate
19	19	justice or judge is subject to partisan election in accordance with
20	20	the applicable provisions of the Election Code at the last general
21	21	election for state and county officers to be held before the date:
22	22	(1) the term of a justice or judge who was elected in a
23	23	partisan election or retained in a nonpartisan judicial retention
24	24	election expires, if the justice or judge does not seek retention;
25	25	or
26	26	(2) the initial term of a justice or judge who was
27	27	appointed expires.
28	28	(b) In conjunction with the last general election for state
29	29	and county officers to be held before the end of a term of office to
30	30	which an appellate justice or judge is elected, and in conjunction
31	31	with the last general election to be held before the end of each
32	32	following continuous term in that office, the justice or judge is
33	33	subject to retention or rejection at the nonpartisan judicial
34	34	retention election in accordance with Chapter 521, Election Code.
35	35	(c) If a vacancy occurs in the office of an appellate
36	36	justice or judge seeking retention and the name of the justice or
37	37	judge is omitted from the retention election ballot under Chapter
38	38	521, Election Code, the vacancy shall be filled in the manner
39	39	prescribed by the Texas Constitution.
40	40	Sec. 22.304. EFFECT OF RETENTION VOTE. (a) If a majority
41	41	of the votes received on the question are for the retention of the
42	42	appellate justice or judge, the person is entitled to remain in
43	43	office for a regular term beginning on the first day of the
44	44	following January, unless the person becomes ineligible or is
45	45	removed as provided by law.
46	46	(b) If less than a majority of the votes received on the
47	47	question are for retention, a vacancy in the office exists on the
48	48	first day of the following January, and the vacancy shall be filled
49	49	in the manner prescribed by the Texas Constitution.
50	50	(c) If the name of an appellate justice or judge seeking
51	51	retention appears on the retention election ballot under Chapter
52	52	521, Election Code, although a vacancy has occurred in the office,
53	53	the retention election for that office has no effect, and the
54	54	vacancy shall be filled in the manner prescribed by the Texas
55	55	Constitution.
56	56	SECTION 2. Chapter 24, Government Code, is amended by
57	57	adding Subchapter A-1 to read as follows:
58	58	SUBCHAPTER A-1. ELECTION AND RETENTION OF DISTRICT JUDGES
59	59	Sec. 24.051. ELECTION AND RETENTION CYCLE. (a) A district
60	60	judge is subject to partisan election in accordance with the
61	61	applicable provisions of the Election Code.
62	62	(b) In conjunction with the last general election for state
63	63	and county officers to be held before the end of a term of office to
64	64	which a district judge is elected, and in conjunction with the last
65	65	general election to be held before the end of each following
66	66	continuous term in that office, the judge is subject to retention or
67	67	rejection at the nonpartisan judicial retention election in
68	68	accordance with Chapter 521, Election Code.
69	69	(c) If a district judge does not seek retention, or
70	70	withdraws from the retention election, as provided by Chapter 521,
71	71	Election Code, the vacancy existing at the beginning of the
72	72	succeeding term shall be filled in the manner prescribed by the
73	73	Texas Constitution.
74	74	(d) If a vacancy occurs in the office of a district judge
75	75	seeking retention and the judge's name is omitted from the
76	76	retention election ballot under Chapter 521, Election Code, the
77	77	vacancy shall be filled in the manner prescribed by the Texas
78	78	Constitution.
79	79	Sec. 24.052. EFFECT OF RETENTION VOTE. (a) If a majority
80	80	of the votes received on the question are for the retention of the
81	81	district judge, the person is entitled to remain in office for a
82	82	regular term of four years beginning on the first day of the
83	83	following January, unless the person becomes ineligible or is
84	84	removed as provided by law.
85	85	(b) If less than a majority of the votes received on the
86	86	question are for retention, a vacancy in the office exists on the
87	87	first day of the following January, and the vacancy shall be filled
88	88	in the manner prescribed by the Texas Constitution.
89	89	(c) If the name of a district judge seeking retention
90	90	appears on the retention election ballot under Chapter 521,
91	91	Election Code, although a vacancy has occurred in the office, the
92	92	retention election for that office has no effect, and the vacancy
93	93	shall be filled in the manner prescribed by the Texas Constitution.
94	94	SECTION 3. The Election Code is amended by adding Title 18
95	95	to read as follows:
96	96	TITLE 18. NONPARTISAN JUDICIAL RETENTION ELECTIONS
97	97	CHAPTER 521. RETENTION ELECTION
98	98	Sec. 521.001. DECLARATION OF CANDIDACY. (a) Not later
99	99	than 5 p.m. on December 1 preceding the nonpartisan judicial
100	100	retention election at which the justice or judge is subject to
101	101	retention or rejection, a justice or judge who seeks to continue to
102	102	serve in that office must file with the secretary of state a
103	103	declaration of candidacy to succeed to the next term.
104	104	(b) A declaration may not be filed earlier than the 30th day
105	105	before the date of the filing deadline. A declaration filed by mail
106	106	is considered to be filed at the time of its receipt by the
107	107	appropriate authority.
108	108	(c) The filling of the subsequent vacancy for the office for
109	109	which a declaration of candidacy is not filed is covered by Section
110	110	22.303, Government Code, for an appellate justice or judge or
111	111	Chapter 24, Government Code, for the office of district judge.
112	112	Sec. 521.002. WITHDRAWAL, DEATH, OR INELIGIBILITY.
113	113	(a) With respect to withdrawal, death, or ineligibility of a
114	114	candidate in a nonpartisan judicial retention election, this
115	115	section supersedes Subchapter A, Chapter 145, to the extent of any
116	116	conflict.
117	117	(b) A candidate may not withdraw from the retention election
118	118	after the 65th day before election day.
119	119	(c) A withdrawal request must be filed with the authority
120	120	with whom the withdrawing candidate's declaration of candidacy is
121	121	required to be filed.
122	122	(d) A candidate's name shall be omitted from the retention
123	123	election ballot if the candidate withdraws, dies, or is declared
124	124	ineligible on or before the 65th day before election day.
125	125	(e) If a candidate who has made a declaration of candidacy
126	126	that complies with the applicable requirements dies or is declared
127	127	ineligible after the 65th day before election day, the candidate's
128	128	name shall be placed on the retention election ballot.
129	129	(f) The filling of the subsequent vacancy for the office
130	130	following implementation of Subsection (d) or (e) is covered by
131	131	Section 22.303, Government Code, for an appellate justice or judge
132	132	or Chapter 24, Government Code, for the office of district judge.
133	133	Sec. 521.003. CERTIFICATION OF NAMES FOR PLACEMENT ON
134	134	RETENTION ELECTION BALLOT. (a) Except as provided by Subsection
135	135	(c), the secretary of state shall certify in writing for placement
136	136	on the nonpartisan judicial retention election ballot the name of
137	137	each candidate who files with the secretary a declaration of
138	138	candidacy that complies with Section 521.001.
139	139	(b) Not later than the 55th day before election day, the
140	140	secretary of state shall deliver the certification to the authority
141	141	responsible for having the official ballot prepared in each county
142	142	in which the candidate's name is to appear on the ballot.
143	143	(c) A candidate's name may not be certified if, before
144	144	delivering the certification, the secretary of state learns that
145	145	the name is to be omitted from the ballot under Section 521.002.
146	146	Sec. 521.004. RETENTION ELECTION BALLOT. The name of the
147	147	person subject to retention or rejection shall be submitted to the
148	148	voters on the nonpartisan judicial retention election ballot
149	149	following the offices subject to election under the heading
150	150	"Retention of Nonpartisan Judicial Offices," in substantially the
151	151	following form:
152	152	"Shall (Justice or Judge)_______________________
153	153	______________________________________________
154	154	be retained in office as (justice or judge) of the
155	155	(name of court)_________________________?"
156	156	____"Yes"
157	157	____"No"
158	158	Sec. 521.005. GENERAL PROCEDURE FOR CONDUCT OF RETENTION
159	159	ELECTION. (a) Except as otherwise provided by this code, the
160	160	nonpartisan judicial retention election shall be conducted and the
161	161	results canvassed, tabulated, and reported in the manner applicable
162	162	to partisan offices in the general election for state and county
163	163	officers.
164	164	(b) A certificate of election shall be issued to a retained
165	165	officer in the same manner as provided for a candidate elected to an
166	166	office.
167	167	Sec. 521.006. WRITE-IN VOTING PROHIBITED. Write-in voting
168	168	is not permitted in a nonpartisan judicial retention election.
169	169	Sec. 521.007. POLITICAL CONTRIBUTIONS AND EXPENDITURES. A
170	170	candidate for retention of a judicial office is subject to Title 15
171	171	and shall comply with that title in the same manner as a candidate
172	172	for election to the office.
173	173	Sec. 521.008. APPLICABILITY OF OTHER PARTS OF CODE. The
174	174	other titles of this code apply to a nonpartisan judicial retention
175	175	election except provisions that are inconsistent with this title or
176	176	that cannot feasibly be applied in a retention election.
177	177	Sec. 521.009. ADDITIONAL PROCEDURES. The secretary of
178	178	state shall prescribe any additional procedures necessary for the
179	179	orderly and proper administration of elections held under this
180	180	chapter.
181	181	SECTION 4. Section 1.005, Election Code, is amended by
182	182	amending Subdivision (9) and adding Subdivisions (12-a) and (12-b)
183	183	to read as follows:
184	184	(9) "Independent candidate" means a candidate in a
185	185	nonpartisan election or a candidate in a partisan election who is
186	186	not the nominee of a political party. The term does not include a
187	187	nonpartisan judicial candidate.
188	188	(12-a) "Nonpartisan judicial candidate" means a
189	189	candidate in a nonpartisan judicial retention election.
190	190	(12-b) "Nonpartisan judicial retention election"
191	191	means an election held under Title 18.
192	192	SECTION 5. Section 41.002, Election Code, is amended to
193	193	read as follows:
194	194	Sec. 41.002. GENERAL ELECTION FOR STATE AND COUNTY
195	195	OFFICERS. The general election for state and county officers,
196	196	including the nonpartisan judicial retention election, shall be
197	197	held on the first Tuesday after the first Monday in November in
198	198	even-numbered years.
199	199	SECTION 6. Section 52.092, Election Code, is amended by
200	200	amending Subsection (a) and adding Subsections (f-1) and (f-2) to
201	201	read as follows:
202	202	(a) For an election at which offices regularly filled at the
203	203	general election for state and county officers, including the
204	204	nonpartisan judicial retention election, are to appear on the
205	205	ballot, the offices shall be listed in the following order:
206	206	(1) offices of the federal government;
207	207	(2) offices of the state government:
208	208	(A) statewide offices;
209	209	(B) district offices;
210	210	(3) offices of the county government:
211	211	(A) county offices;
212	212	(B) precinct offices.
213	213	(f-1) Nonpartisan statewide judicial retention election
214	214	offices shall be listed in the following order:
215	215	(1) chief justice, supreme court;
216	216	(2) justice, supreme court;
217	217	(3) presiding judge, court of criminal appeals;
218	218	(4) judge, court of criminal appeals;
219	219	(5) chief justice, court of appeals;
220	220	(6) justice, court of appeals.
221	221	(f-2) Nonpartisan district judicial retention election
222	222	offices shall be listed in the following order:
223	223	(1) district judge;
224	224	(2) criminal district judge;
225	225	(3) family district judge.
226	226	SECTION 7. Subsection (b), Section 145.003, Election Code,
227	227	is amended to read as follows:
228	228	(b) A candidate in the general election for state and county
229	229	officers, including the nonpartisan judicial retention election,
230	230	may be declared ineligible before the 30th day preceding election
231	231	day by:
232	232	(1) the party officer responsible for certifying the
233	233	candidate's name for placement on the general election ballot, in
234	234	the case of a candidate who is a political party's nominee; or
235	235	(2) the authority with whom the candidate's
236	236	application for a place on the ballot or declaration of candidacy is
237	237	required to be filed, in the case of an independent candidate or a
238	238	nonpartisan judicial candidate, as applicable.
239	239	SECTION 8. Subsection (a), Section 145.005, Election Code,
240	240	is amended to read as follows:
241	241	(a) If the name of a deceased or ineligible candidate
242	242	appears on the ballot [under this chapter], the votes cast for the
243	243	candidate shall be counted and entered on the official election
244	244	returns in the same manner as for the other candidates.
245	245	SECTION 9. Section 202.001, Election Code, is amended to
246	246	read as follows:
247	247	Sec. 202.001. APPLICABILITY OF CHAPTER. This chapter
248	248	applies to elective offices of the state and county governments
249	249	except the offices of:
250	250	(1) state senator and state representative; and
251	251	(2) justice or judge of an appellate or district
252	252	court.
253	253	SECTION 10. Subsection (a), Section 253.153, Election Code,
254	254	is amended to read as follows:
255	255	(a) A judicial candidate or officeholder, a
256	256	specific-purpose committee for supporting or opposing a judicial
257	257	candidate, or a specific-purpose committee for assisting a judicial
258	258	officeholder may not knowingly accept a political contribution
259	259	except during the period:
260	260	(1) beginning on:
261	261	(A) if the office is subject to a nonpartisan
262	262	judicial retention election, the 210th day before the date a
263	263	declaration of candidacy is required to be filed; or
264	264	(B) if the office is not subject to a nonpartisan
265	265	judicial retention election:
266	266	(i) the 210th day before the date an
267	267	application for a place on the ballot or for nomination by
268	268	convention for the office is required to be filed, if the election
269	269	is for a full term; or
270	270	(ii) [(B)] the later of the 210th day
271	271	before the date an application for a place on the ballot or for
272	272	nomination by convention for the office is required to be filed or
273	273	the date a vacancy in the office occurs, if the election is for an
274	274	unexpired term; and
275	275	(2) ending on the 120th day after the date of:
276	276	(A) the general election for state and county
277	277	officers, if:
278	278	(i) the office is subject to a nonpartisan
279	279	judicial retention election; or
280	280	(ii) the candidate or officeholder has an
281	281	opponent in the general election;
282	282	(B) except as provided by Subsection (c), the
283	283	runoff primary election, if the candidate or officeholder is a
284	284	candidate in the runoff primary election and does not have an
285	285	opponent in the general election; or
286	286	(C) except as provided by Subsection (c), the
287	287	general primary election, if the candidate or officeholder is not a
288	288	candidate in the runoff primary election and does not have an
289	289	opponent in the general election.
290	290	SECTION 11. (a) Each appellate justice or judge in office
291	291	January 1, 2010, unless otherwise removed as provided by law,
292	292	continues in office subject to this section.
293	293	(b) Each appellate justice or judge who is in office January
294	294	1, 2010, is subject to retention or rejection, in the manner
295	295	provided by law for a justice or judge appointed to the office after
296	296	the effective date of this Act, at the last general election
297	297	preceding the expiration of the regular or unexpired term for which
298	298	each was elected or appointed.
299	299	SECTION 12. (a) Each district judge in office January 1,
300	300	2010, unless otherwise removed as provided by law, continues in
301	301	office for the term to which elected.
302	302	(b) Each district judge in office January 1, 2010, is
303	303	subject to retention or rejection, in the manner provided by law, at
304	304	the general election preceding the expiration of the regular or
305	305	unexpired term for which each was elected or appointed. A vacancy
306	306	does not exist in those offices until the expiration of the term of
307	307	the person who held the office January 1, 2010, or until that person
308	308	does not hold the office, whichever occurs first.
309	309	SECTION 13. This Act takes effect only if the
310	310	constitutional amendment proposed by the 81st Legislature, Regular
311	311	Session, 2009, for filling vacancies in appellate judicial offices
312	312	by appointment, for partisan elections for all judicial offices,
313	313	and for subsequent nonpartisan elections for all judicial offices
314	314	is adopted. If the amendment is adopted, this Act takes effect
315	315	January 1, 2010.
316	316	* * * * *