By: Patrick S.B. No. 103
(In the Senate - Filed November 12, 2012; January 29, 2013,
read first time and referred to Committee on State Affairs;
May 3, 2013, reported favorably by the following vote:
Yeas 5, Nays 4; May 3, 2013, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the elimination of straight-party voting for judicial
offices.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsection (b), Section 52.071, Election Code,
is amended to read as follows:
(b) The following instruction shall be added to the
instruction required by Section 52.070(b): "You may cast a
straight-party vote (that is, cast a vote for all the nominees of
one party other than nominees for a judicial office) by placing
an 'X' in the square beside the name of the party of your choice. If
you cast a straight-party vote for all the nominees of one party and
also cast a vote for an opponent of one of that party's nominees,
your vote for the opponent will be counted as well as your vote for
all the other nominees of the party other than nominees for a
judicial office for which the straight-party vote was cast. A
straight-party vote will not be counted for the nominee of a party
for a judicial office."
SECTION 2. Section 52.092, Election Code, is amended by
amending Subsections (a), (c), (d), (e), (f), and (j) 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 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;
(4) judicial offices.
(c) Statewide offices of the state government shall be
listed in the following order:
(1) governor;
(2) lieutenant governor;
(3) attorney general;
(4) comptroller of public accounts;
(5) commissioner of the General Land Office;
(6) commissioner of agriculture;
(7) railroad commissioner[;
[(8) chief justice, supreme court;
[(9) justice, supreme court;
[(10) presiding judge, court of criminal appeals;
[(11) judge, court of criminal appeals].
(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;
(5) [(10)] criminal district attorney.
(e) County offices shall be listed in the following order:
(1) county judge;
(2) [judge, county court at law;
[(3) judge, county criminal court;
[(4) judge, county probate court;
[(5)] county attorney;
(3) [(6)] district clerk;
(4) [(7)] district and county clerk;
(5) [(8)] county clerk;
(6) [(9)] sheriff;
(7) [(10)] sheriff and tax assessor-collector;
(8) [(11)] county tax assessor-collector;
(9) [(12)] county treasurer;
(10) [(13)] county school trustee (county with
population of 3.3 million or more);
(11) [(14)] county surveyor.
(f) Precinct offices shall be listed in the following order:
(1) county commissioner;
(2) [justice of the peace;
[(3)] constable.
(f-1) Judicial 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;
(7) district judge;
(8) criminal district judge;
(9) family district judge;
(10) judge, county court at law;
(11) judge, county criminal court;
(12) judge, county probate court;
(13) justice of the peace.
(j) The office of judge of a multicounty statutory county
court created under Subchapter D, Chapter 25, Government Code, is
considered to be a judicial [county] office for purposes of listing
the office on the ballot and Section 52.0921, and to be a district
office for all other purposes under this code.
SECTION 3. Subchapter D, Chapter 52, Election Code, is
amended by adding Section 52.0921 to read as follows:
Sec. 52.0921. JUDICIAL OFFICES. (a) Notwithstanding any
other provision of this code, a straight-party vote does not count
in an election for a judicial office listed in Section 52.092(f-1).
Candidates for judicial offices appear with their party affiliation
or independent status displayed next to the candidate's name in a
format prescribed by the secretary of state.
(b) The secretary of state shall prescribe procedures to
inform voters that a straight-party vote does not count in an
election for a judicial office. The procedures shall include signs
posted in the polling place and notice on the ballot or through the
voting system on which a vote is cast.
SECTION 4. Subsections (b) and (c), Section 65.007,
Election Code, are amended to read as follows:
(b) Except as provided by Subsection (c) or (d), each
straight-party vote shall be tallied for the party receiving the
vote instead of being tallied for the individual candidates of the
party. The total number of straight-party votes tallied for each
party shall be added to the total votes received for each of the
party nominees individually, subject to Section 52.0921.
(c) If a ballot indicates a straight-party vote and a vote
for an opponent of one or more of that party's nominees, a vote
shall be counted for the opponent and for each of the party's other
nominees, subject to Section 52.0921, whether or not any of those
nominees have received individual votes.
SECTION 5. This Act takes effect September 1, 2013.
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