83R3695 ATP-F
By: Anchia H.B. No. 1126
A BILL TO BE ENTITLED
AN ACT
relating to public financing of campaigns for appellate judicial
offices; providing civil penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 15, Election Code, is amended by adding
Chapter 259 to read as follows:
CHAPTER 259. PUBLIC FINANCING OF CAMPAIGNS FOR
APPELLATE JUDICIAL OFFICES
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 259.001. APPLICABILITY OF CHAPTER. This chapter
applies only to the offices of:
(1) chief justice and justice, supreme court;
(2) presiding judge and judge, court of criminal
appeals; and
(3) chief justice and justice, court of appeals.
Sec. 259.002. DEFINITIONS. In this chapter:
(1) "Election cycle" means:
(A) the general primary election, runoff primary
election, if any, and general election for state and county
officers; or
(B) a special election and runoff election, if
any.
(2) "Fund" means the campaign financing fund
established under Subchapter C.
Sec. 259.003. EFFECT OF ACCEPTING PUBLIC MONEY. By
accepting money from the fund, a candidate agrees to not accept
political contributions not authorized by this chapter.
SUBCHAPTER B. ELIGIBILITY FOR PUBLIC FINANCING
Sec. 259.011. REQUIREMENTS FOR ELIGIBILITY GENERALLY. To be
eligible to receive public financing under this chapter, a
candidate must:
(1) receive political contributions in the applicable
amount and within the applicable period prescribed by Section
259.017; and
(2) file with the commission a petition that satisfies
the applicable requirements prescribed by:
(A) Subchapter C, Chapter 141, as if the petition
were a petition filed in connection with a candidate's application
for a place on the ballot; and
(B) Sections 259.013, 259.014, 259.015, and
259.016.
Sec. 259.012. CERTIFICATION OF CANDIDATE AS CONDITIONALLY
ELIGIBLE. (a) Not later than the 15th day after the date an
application for a place on the ballot is required to be filed, the
secretary of state shall certify in writing to the commission each
person who is a candidate for an office covered by this chapter as
conditionally eligible for public financing.
(b) Not later than the fifth day after the date the
secretary of state certifies a candidate for placement on the list
of write-in candidates as a candidate for an office covered by this
chapter, the secretary shall certify the candidate in writing to
the commission as conditionally eligible for public financing.
(c) The secretary of state shall deliver a copy of a
certification under this section to the affected candidate.
Sec. 259.013. CIRCULATION PERIOD FOR PETITION; HEADING AND
STATEMENT. (a) A petition under this subchapter may not be
circulated before the beginning of the applicable period prescribed
by Section 259.017(a).
(b) Each page of a petition under this subchapter must:
(1) be headed "Petition for Public Campaign Financing
for (Name of Candidate), a Candidate for (Name of Office Sought and
Place Number, if Applicable)."; and
(2) contain a statement just ahead of the signatures
of the petitioners, as follows: "I know that the purpose of this
petition is to enable (name of candidate) to receive public
financing in connection with (his or her) campaign for (name of
office sought and place number, if applicable)."
(c) The circulation of a petition to be filed under this
subchapter does not constitute candidacy or an announcement of
candidacy for purposes of the automatic resignation provisions of
Section 11, Article XI, or Section 65, Article XVI, Texas
Constitution.
Sec. 259.014. REQUIRED SIGNATURES FOR PETITION. (a) A
candidate's petition under this subchapter must be signed by at
least:
(1) 2,500 registered voters, if the candidate seeks a
statewide judicial office; or
(2) 1,000 registered voters of the court of appeals
district for which the candidate seeks the office of chief justice
or justice of a court of appeals.
(b) Not more than 20 percent of the required number of
signers may be residents of:
(1) the same county, if the candidate seeks a
statewide judicial office; or
(2) the same commissioners court precinct, if the
candidate seeks the office of chief justice or justice of a court of
appeals.
(c) A petition that violates Subsection (b) is not invalid
if the petition would otherwise be valid if the signatures of
residents of the same county or precinct, as applicable, in excess
of the applicable number specified by Subsection (b) were
disregarded.
(d) A person may not sign a petition under this subchapter
for more than one candidate for the same office. For purposes of
this subsection, each numbered place on an appellate court is a
separate office.
Sec. 259.015. REQUIRED POLITICAL CONTRIBUTIONS FROM
PETITION SIGNERS. (a) A person who signs a petition under this
subchapter must, at the time of signing, make a political
contribution to the candidate in the form of cash or a check of $5.
(b) A political contribution accepted under this section is
counted for purposes of Section 259.017.
Sec. 259.016. FILING OF PETITION. A candidate requesting
public financing under this chapter must file the petition with the
commission not later than the applicable deadline for filing an
application for a place on the ballot or a declaration of write-in
candidacy.
Sec. 259.017. REQUIRED CAMPAIGN CONTRIBUTIONS. (a) A
candidate seeking public financing under this chapter must accept
and receive at least the amount specified by Subsection (b) in
political contributions during the period:
(1) beginning on the 120th day before the date an
application for a place on the ballot or a declaration of write-in
candidacy, as applicable, is required to be filed; and
(2) ending on the fifth day before the date an
application for a place on the ballot or a declaration of write-in
candidacy, as applicable, is required to be filed.
(b) The required amount of campaign contributions is:
(1) $12,500, if the candidate seeks a statewide
judicial office; or
(2) $5,000 from residents of the court of appeals
district for which the candidate seeks the office of chief justice
or justice of a court of appeals.
(c) Not later than the fifth day after the date the
commission certifies a candidate as eligible for public financing
under Section 259.018, a candidate who received more in political
contributions under this section than the applicable amount under
Subsection (b) shall deliver to the commission an amount equal to
the difference between the amount of political contributions
received and the applicable amount under Subsection (b). The
commission shall deliver money received under this subsection to
the comptroller for deposit in the fund. A candidate who is not
certified as eligible for public financing is not required to
deliver excess political contributions to the commission under this
subsection.
(d) Notwithstanding Section 254.034, a candidate who is
requesting public financing and who accepts a political
contribution under this section but who does not receive the
contribution until after the applicable date prescribed by
Subsection (a)(2) shall return the contribution to the contributor
not later than the fifth day after the date the candidate receives
the contribution.
Sec. 259.018. CERTIFICATION OF CANDIDATE AS ELIGIBLE. (a)
Not later than the fifth day after the date the commission
determines a candidate is eligible, the commission shall certify to
the comptroller as eligible for public financing each candidate
who:
(1) meets the requirements prescribed by Section
259.011; and
(2) is certified to the commission as conditionally
eligible under Section 259.012.
(b) A determination as to whether a candidate meets the
requirements prescribed by Section 259.017 must be based on reports
of political contributions and expenditures filed under Chapter
254. The commission is not required to make a determination as to
whether a candidate is eligible until the candidate makes a written
request for a determination. The commission shall make a
determination not later than the 15th day after the later of:
(1) the date the commission receives the request for a
determination; or
(2) the date the candidate files a report under
Chapter 254 covering the period prescribed by Section 259.017.
(c) The commission shall deliver a copy of a certification
under this section to:
(1) the affected candidate; and
(2) each opponent of the affected candidate.
Sec. 259.019. VERIFICATION OF PETITION. (a) The
commission is not required to verify a petition filed under this
subchapter unless, not later than the 10th day after the date a
petition is required to be filed under Section 259.016, a person
alleges to the commission in writing that the petition does not meet
the requirements prescribed by this chapter.
(b) The commission shall verify a petition as promptly as
possible after receiving an allegation under Subsection (a).
Pending verification, the commission may not certify the candidate
to the comptroller as eligible for public financing.
(c) On request of the commission, a voter registrar shall
verify the voter registration status of a signer of a petition filed
with the commission who the petition indicates is registered or has
been approved for registration in the county served by the
registrar.
(d) If the commission verifies that the petition meets the
requirements prescribed by this chapter:
(1) the commission shall certify the candidate to the
comptroller as eligible for public financing; and
(2) the comptroller shall distribute to the candidate
from the fund any money to which the candidate would have been
entitled if the candidate had been eligible during the period in
which the verification was pending.
SUBCHAPTER C. CAMPAIGN FINANCING FUND
Sec. 259.051. CAMPAIGN FINANCING FUND. (a) The campaign
financing fund is in the state treasury.
(b) The fund consists of:
(1) amounts appropriated to the fund;
(2) amounts refunded to the fund under Section 259.055
or 259.056;
(3) amounts delivered to the commission under Section
259.017(c);
(4) amounts received by the commission or comptroller
as a gift or grant to the fund; and
(5) civil penalties collected by the commission for a
violation of this chapter or Section 253.155.
(c) For a person to be eligible to receive public financing,
the commission must certify to the comptroller that the person is
eligible as provided by Section 259.018.
(d) Money remaining in the fund at the end of an election
cycle is retained in the fund for the next election cycle. The
comptroller shall credit interest on money in the fund to the fund.
Money in the fund may be appropriated only for purposes of this
chapter.
Sec. 259.052. FUNDS FOR ELIGIBLE CANDIDATES. (a) In
connection with each general election for state and county
officers, the commission shall, not later than the 130th day before
the date an application for a place on the primary election ballot
is required to be filed, adopt rules prescribing the total amount of
public financing to which a candidate for an office covered by this
chapter whose name will appear on the ballot is entitled. The
commission shall determine the amount under this subsection based
on:
(1) the allocations prescribed by Subsections (b) and
(c);
(2) the comptroller's certified estimation as to the
amount that will be available in the fund for the calendar year in
which the election occurs;
(3) the secretary of state's estimation, based on
previous elections, of the number of candidates in each office
covered by this chapter who will be on the primary election ballot
or the general election ballot for that election; and
(4) the relative expense of a campaign for the office
the candidate seeks, considering the population and geographic size
of the office's jurisdiction and the price of advertising in that
jurisdiction.
(b) The commission shall prescribe amounts under Subsection
(a) to allocate:
(1) 25 percent to candidates for statewide judicial
office; and
(2) 75 percent to candidates for chief justice or
justice, court of appeals.
(c) The rules adopted under Subsection (a) must specify the
amount of each monthly distribution from the fund. The amount of a
monthly distribution made for January, February, or March must be
substantially greater than the amount of a monthly distribution
made for any other month.
Sec. 259.053. DISTRIBUTIONS FROM FUND. (a) A certified
candidate is entitled to a distribution from the fund for each month
that begins or ends during the period:
(1) beginning on the date an application for a place on
the ballot or a declaration of write-in candidacy, as applicable,
is required to be filed; and
(2) except as provided by Subsection (b), ending on
the 30th day after:
(A) the date an application for a place on the
ballot is required to be filed, if the candidate will not have an
opponent in the primary election or general election;
(B) the date of the primary election, if the
candidate has an opponent in the primary election and:
(i) will not have an opponent in the general
election; or
(ii) is not a candidate in the runoff
primary election or the general election;
(C) the date of the runoff primary election, if
the candidate is a candidate in that election and:
(i) will not have an opponent in the general
election; or
(ii) is not a candidate in the general
election; or
(D) the date of the general election.
(b) Notwithstanding Subsection (a)(2), after a person files
a declaration of write-in candidacy opposing a certified candidate
who would otherwise not have an opponent in the general election:
(1) the certified candidate is entitled to an amount
equal to 50 percent of each distribution from the fund scheduled to
be made after the date the candidate's opponent files the
declaration of write-in candidacy; and
(2) if the write-in candidate is certified as eligible
under Section 259.018, the write-in candidate is entitled to an
amount equal to 50 percent of each distribution from the fund
scheduled to be made after the date the candidate files the
declaration of write-in candidacy.
(c) The comptroller shall distribute money to certified
candidates as directed by the commission. If the amount in the fund
is insufficient to provide the amounts specified by rules adopted
under Section 259.052, the comptroller shall determine the amount
of available money and shall distribute the amount on a pro rata
basis.
Sec. 259.054. RESTRICTIONS ON USE OF MONEY FROM FUND. (a)
Money accepted by a candidate from the fund is considered to be a
campaign contribution to the candidate. Except as otherwise
provided by this chapter, the provisions of this title regulating
the use of political contributions apply to money accepted by a
candidate from the fund.
(b) A candidate may use money accepted from the fund only
for expenses related to the candidate's campaign for election. A
candidate may not use money accepted from the fund to make:
(1) a political contribution to another candidate, an
officeholder, or a political committee;
(2) a campaign expenditure in connection with an
office other than the office as to which the candidate accepted the
money; or
(3) an officeholder expenditure.
(c) A candidate who uses money from the fund in violation of
Subsection (b):
(1) is not eligible for any additional money from the
fund; and
(2) is liable for a civil penalty not to exceed three
times the amount of the money used in violation of Subsection (b).
Sec. 259.055. REFUND OF UNEXPENDED AMOUNTS. (a) Following
the candidate's last election during the election cycle for which
public financing is accepted, a candidate shall refund to the
comptroller amounts accepted from the fund that have not been
expended or contractually obligated.
(b) A refund under this section must be made not later than
the 30th day after the date of:
(1) the primary election, if the candidate is not a
candidate in the runoff primary election or the general election;
(2) the runoff primary election, if the candidate is a
candidate in that election and is not a candidate in the general
election; or
(3) the general election.
(c) The comptroller shall deposit refunds received under
this section to the credit of the fund.
(d) A person who violates this section is liable for a civil
penalty not to exceed three times the amount of money required to be
refunded that was not refunded as required by this section.
Sec. 259.056. WITHDRAWAL, INELIGIBILITY, OR DEATH OF
CANDIDATE. (a) A candidate who withdraws from an election or is
declared ineligible shall refund to the comptroller amounts
accepted from the fund that have not been expended or contractually
obligated. The candidate shall refund those amounts not later than
the 10th day after the date the candidate withdraws or is declared
ineligible.
(b) The campaign treasurer of a candidate who dies shall
refund to the comptroller amounts accepted from the fund that have
not been expended or contractually obligated. The campaign
treasurer shall refund those amounts not later than the 30th day
after the date the candidate dies.
(c) The comptroller shall deposit refunds received under
this section to the credit of the fund.
(d) A person who violates this section is liable for a civil
penalty not to exceed three times the amount of money required to be
refunded that was not refunded as required by this section.
Sec. 259.057. DEPOSIT OF CIVIL PENALTIES. The comptroller
shall deposit a civil penalty collected by the commission for a
violation of this subchapter to the credit of the fund.
SUBCHAPTER D. RESTRICTIONS ON ACCEPTANCE AND USE OF POLITICAL
CONTRIBUTIONS
Sec. 259.101. ACCEPTANCE OF CONTRIBUTIONS PROHIBITED. (a)
Except as provided by Section 259.015, 259.017, or 259.103, a
candidate or officeholder who accepts public financing or a
specific-purpose committee for supporting or opposing such a
candidate or assisting such an officeholder acting with the
candidate's or officeholder's authorization may not accept a
political contribution in connection with the office for which the
candidate or officeholder accepted public financing.
(b) A person who violates this section is liable for a civil
penalty not to exceed three times the amount of political
contributions used in violation of this section.
Sec. 259.102. USE OF CONTRIBUTION FROM OTHER OFFICE
PROHIBITED. (a) Except as provided by Section 259.103, a candidate
or officeholder who accepts public financing or a specific-purpose
committee for supporting such a candidate, opposing such a
candidate's opponent, or assisting such an officeholder acting with
the candidate's or officeholder's authorization may not use a
political contribution to make a campaign expenditure for the
office for which the candidate or officeholder accepted public
financing or to make an officeholder expenditure in connection with
that office if the contribution was accepted while the candidate or
officeholder:
(1) was a candidate for an office other than the office
for which the candidate or officeholder accepted public financing;
or
(2) held an office other than the office for which the
candidate or officeholder accepted public financing, unless the
person had become a candidate for that office and the contribution
was accepted under Section 259.017.
(b) A person who violates this section is liable for a civil
penalty not to exceed three times the amount of political
contributions used in violation of this section.
Sec. 259.103. RESTRICTIONS NOT APPLICABLE TO CERTAIN
OFFICEHOLDERS. (a) Sections 259.101 and 259.102 do not apply to an
officeholder who accepted public financing and who seeks reelection
to the office for which the officeholder accepted public financing
or election to another office covered by this chapter if the
officeholder files a written statement with the commission that the
officeholder will not request public financing for the reelection
or election.
(b) An officeholder who files a statement under Subsection
(a) is not eligible for public financing for the reelection or
election to which the statement relates.
(c) An officeholder who accepted public financing or a
specific-purpose committee for assisting such an officeholder or
for supporting such an officeholder as a candidate acting with the
candidate's or officeholder's authorization may not accept a
political contribution before the officeholder files a statement
under Subsection (a).
(d) A person who violates Subsection (c) is liable for a
civil penalty not to exceed three times the amount of political
contributions used in violation of Subsection (c).
Sec. 259.104. RETENTION OF CONTRIBUTIONS FOR OFFICEHOLDER
PURPOSES. An officeholder who accepted public financing may retain
and use for officeholder purposes the unexpended amount, if any, of
political contributions accepted under Section 259.015 or 259.017.
Sec. 259.105. CERTAIN DIRECT CAMPAIGN EXPENDITURES
CONSIDERED CONTRIBUTION TO CANDIDATE. For purposes of Section
259.101, a direct campaign expenditure is considered to be a
campaign contribution to a candidate if the expenditure is made
with the cooperation or prior consent of, in consultation with, or
at the suggestion of:
(1) the candidate;
(2) a specific-purpose committee for supporting the
candidate or opposing the candidate's opponent acting with the
candidate's authorization; or
(3) another person acting with the candidate's
knowledge and consent.
SUBCHAPTER E. VOTER INFORMATION PAMPHLET
Sec. 259.131. APPLICABILITY OF SUBCHAPTER. This subchapter
applies to each candidate certified as eligible for public
financing.
Sec. 259.132. STATEMENT FILED BY CANDIDATE. Not later than
the 80th day before the date of the general election, a candidate
for an office covered by this subchapter may file with the secretary
of state an informational statement, on a form prescribed by the
secretary, to be included in a voter information pamphlet for that
election.
Sec. 259.133. STATEMENT REQUIREMENTS. (a) A candidate's
statement must include a summary of the following information:
(1) current occupation;
(2) educational and occupational background;
(3) biographical information; and
(4) any previous experience serving in government.
(b) The secretary of state shall prescribe the format and
length of the candidate's statement.
Sec. 259.134. REVIEW BY SECRETARY OF STATE. (a) Not later
than the fifth day after the date the candidate's statement is
received, the secretary of state shall review the statement to
determine whether it complies with Section 259.133.
(b) If the secretary of state determines that the statement
does not comply with Section 259.133, the secretary shall reject
the statement and deliver written notice of the reason for the
rejection to the candidate not later than the second day after the
date of rejection.
(c) A candidate whose statement is rejected may resubmit the
statement subject to the prescribed deadline.
Sec. 259.135. PREPARATION OF PAMPHLET. (a) The secretary
of state shall contract for the preparation and printing of a voter
information pamphlet after soliciting bids for that work. The
secretary may prepare separate pamphlets for different regions of
the state, including in each pamphlet only statewide offices and
the offices to be voted on in the region if the secretary determines
that distributing multiple pamphlets is more economical than
distributing a single pamphlet for statewide use. The secretary
may prepare or print the pamphlet if the secretary determines that
the costs of that preparation or printing are less than or equal to
the most reasonable bid submitted.
(b) On the request of the secretary of state, the commission
shall direct the comptroller to transfer from the fund to the
secretary the money necessary for preparation of the pamphlet.
(c) The pamphlet must include each statement that complies
with Sections 259.132 and 259.133 and is filed by a candidate whom
the commission has certified as eligible for public financing.
Candidates whose names will appear on the ballot and write-in
candidates must be shown in separate groups. The order of the
candidates' names within the groups is determined by a drawing
conducted by the secretary of state. Candidates whose names will
appear on the ballot must be identified by party or as an
independent candidate, as applicable.
(d) The pamphlet must name each candidate for an office
covered by this chapter whom the commission has not certified as
eligible for public financing and must identify each such candidate
by party or as an independent or write-in candidate, as applicable.
The pamphlet may not contain any other information about a
candidate to whom this subsection applies.
(e) The secretary of state shall prescribe appropriate
explanatory material to be included in the pamphlet to assist the
voters, including:
(1) a statement that the pamphlet may be used at the
polls to assist the voters in marking their ballots; and
(2) a statement that candidates who are not eligible
for public financing are not entitled to submit a candidate's
statement for inclusion in the pamphlet.
Sec. 259.136. DISTRIBUTION OF PAMPHLET. Not later than the
45th day before the date of each general election, the secretary of
state shall mail the voter information pamphlet to each household
in this state in which a registered voter resides.
Sec. 259.137. ADDITIONAL PROCEDURES. The secretary of
state shall prescribe any additional procedures necessary to
implement this subchapter.
SECTION 2. Section 253.175(b), Election Code, is amended to
read as follows:
(b) The judicial campaign fairness fund consists of:
(1) penalties recovered under Section 253.176, other
than penalties for a violation of Section 253.155; and
(2) any gifts or grants received by the commission
under Subsection (e).
SECTION 3. Section 253.176, Election Code, is amended by
amending Subsection (c) and adding Subsection (d) to read as
follows:
(c) A penalty collected under this section shall be
deposited to the credit of the judicial campaign fairness fund,
except as provided by Subsection (d).
(d) A penalty collected under this section for a violation
of Section 253.155 shall be deposited to the credit of the campaign
financing fund established under Chapter 259.
SECTION 4. Notwithstanding Chapter 259, Election Code, as
added by this Act, a person who on September 1, 2013, held an office
covered by that chapter and who had unexpended political
contributions may use those contributions to make political
expenditures for campaign or officeholder purposes.
SECTION 5. This Act takes effect September 1, 2013.