Texas 2013 - 83rd Regular

Texas Senate Bill SB103 Compare Versions

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1	1	By: Patrick S.B. No. 103
2	2	(In the Senate - Filed November 12, 2012; January 29, 2013,
3	3	read first time and referred to Committee on State Affairs;
4	4	May 3, 2013, reported favorably by the following vote:
5	5	Yeas 5, Nays 4; May 3, 2013, sent to printer.)
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to the elimination of straight-party voting for judicial
11	11	offices.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Subsection (b), Section 52.071, Election Code,
14	14	is amended to read as follows:
15	15	(b) The following instruction shall be added to the
16	16	instruction required by Section 52.070(b): "You may cast a
17	17	straight-party vote (that is, cast a vote for all the nominees of
18	18	one party other than nominees for a judicial office) by placing
19	19	an 'X' in the square beside the name of the party of your choice. If
20	20	you cast a straight-party vote for all the nominees of one party and
21	21	also cast a vote for an opponent of one of that party's nominees,
22	22	your vote for the opponent will be counted as well as your vote for
23	23	all the other nominees of the party other than nominees for a
24	24	judicial office for which the straight-party vote was cast. A
25	25	straight-party vote will not be counted for the nominee of a party
26	26	for a judicial office."
27	27	SECTION 2. Section 52.092, Election Code, is amended by
28	28	amending Subsections (a), (c), (d), (e), (f), and (j) and adding
29	29	Subsection (f-1) to read as follows:
30	30	(a) For an election at which offices regularly filled at the
31	31	general election for state and county officers are to appear on the
32	32	ballot, the offices shall be listed in the following order:
33	33	(1) offices of the federal government;
34	34	(2) offices of the state government:
35	35	(A) statewide offices;
36	36	(B) district offices;
37	37	(3) offices of the county government:
38	38	(A) county offices;
39	39	(B) precinct offices;
40	40	(4) judicial offices.
41	41	(c) Statewide offices of the state government shall be
42	42	listed in the following order:
43	43	(1) governor;
44	44	(2) lieutenant governor;
45	45	(3) attorney general;
46	46	(4) comptroller of public accounts;
47	47	(5) commissioner of the General Land Office;
48	48	(6) commissioner of agriculture;
49	49	(7) railroad commissioner[;
50	50	[(8) chief justice, supreme court;
51	51	[(9) justice, supreme court;
52	52	[(10) presiding judge, court of criminal appeals;
53	53	[(11) judge, court of criminal appeals].
54	54	(d) District offices of the state government shall be listed
55	55	in the following order:
56	56	(1) member, State Board of Education;
57	57	(2) state senator;
58	58	(3) state representative;
59	59	(4) [chief justice, court of appeals;
60	60	[(5) justice, court of appeals;
61	61	[(6) district judge;
62	62	[(7) criminal district judge;
63	63	[(8) family district judge;
64	64	[(9)] district attorney;
65	65	(5) [(10)] criminal district attorney.
66	66	(e) County offices shall be listed in the following order:
67	67	(1) county judge;
68	68	(2) [judge, county court at law;
69	69	[(3) judge, county criminal court;
70	70	[(4) judge, county probate court;
71	71	[(5)] county attorney;
72	72	(3) [(6)] district clerk;
73	73	(4) [(7)] district and county clerk;
74	74	(5) [(8)] county clerk;
75	75	(6) [(9)] sheriff;
76	76	(7) [(10)] sheriff and tax assessor-collector;
77	77	(8) [(11)] county tax assessor-collector;
78	78	(9) [(12)] county treasurer;
79	79	(10) [(13)] county school trustee (county with
80	80	population of 3.3 million or more);
81	81	(11) [(14)] county surveyor.
82	82	(f) Precinct offices shall be listed in the following order:
83	83	(1) county commissioner;
84	84	(2) [justice of the peace;
85	85	[(3)] constable.
86	86	(f-1) Judicial offices shall be listed in the following
87	87	order:
88	88	(1) chief justice, supreme court;
89	89	(2) justice, supreme court;
90	90	(3) presiding judge, court of criminal appeals;
91	91	(4) judge, court of criminal appeals;
92	92	(5) chief justice, court of appeals;
93	93	(6) justice, court of appeals;
94	94	(7) district judge;
95	95	(8) criminal district judge;
96	96	(9) family district judge;
97	97	(10) judge, county court at law;
98	98	(11) judge, county criminal court;
99	99	(12) judge, county probate court;
100	100	(13) justice of the peace.
101	101	(j) The office of judge of a multicounty statutory county
102	102	court created under Subchapter D, Chapter 25, Government Code, is
103	103	considered to be a judicial [county] office for purposes of listing
104	104	the office on the ballot and Section 52.0921, and to be a district
105	105	office for all other purposes under this code.
106	106	SECTION 3. Subchapter D, Chapter 52, Election Code, is
107	107	amended by adding Section 52.0921 to read as follows:
108	108	Sec. 52.0921. JUDICIAL OFFICES. (a) Notwithstanding any
109	109	other provision of this code, a straight-party vote does not count
110	110	in an election for a judicial office listed in Section 52.092(f-1).
111	111	Candidates for judicial offices appear with their party affiliation
112	112	or independent status displayed next to the candidate's name in a
113	113	format prescribed by the secretary of state.
114	114	(b) The secretary of state shall prescribe procedures to
115	115	inform voters that a straight-party vote does not count in an
116	116	election for a judicial office. The procedures shall include signs
117	117	posted in the polling place and notice on the ballot or through the
118	118	voting system on which a vote is cast.
119	119	SECTION 4. Subsections (b) and (c), Section 65.007,
120	120	Election Code, are amended to read as follows:
121	121	(b) Except as provided by Subsection (c) or (d), each
122	122	straight-party vote shall be tallied for the party receiving the
123	123	vote instead of being tallied for the individual candidates of the
124	124	party. The total number of straight-party votes tallied for each
125	125	party shall be added to the total votes received for each of the
126	126	party nominees individually, subject to Section 52.0921.
127	127	(c) If a ballot indicates a straight-party vote and a vote
128	128	for an opponent of one or more of that party's nominees, a vote
129	129	shall be counted for the opponent and for each of the party's other
130	130	nominees, subject to Section 52.0921, whether or not any of those
131	131	nominees have received individual votes.
132	132	SECTION 5. This Act takes effect September 1, 2013.
133	133	* * * * *