82R5538 JRH-D
By: Duncan S.B. No. 1718
A BILL TO BE ENTITLED
AN ACT
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 [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 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) [(B)] the later of 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 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.