HBA-KMH C.S.H.B. 59 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 59 By: Cuellar Judicial Affairs 5/5/1999 Committee Report (Substituted) BACKGROUND AND PURPOSE Currently, candidates for judicial office in this state provide for all their own publicity. In order to make voters more aware of the qualifications of candidates for judicial office, other states have devised and promulgated a "voter's guide" which is published in every newspaper in the state. C.S.H.B. 59 provides for the creation of a similar voting guide to be made available to the public on the Internet after the secretary of state has assimilated information submitted by judges interested in taking advantage of the guide. The bill sets forth specific information which would need to be submitted in order to give voters a comprehensive understanding of the qualifications of participating judges. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Title 16, Election Code, by adding Chapter 278, as follows: CHAPTER 278. VOTER INFORMATION GUIDE FOR JUDICIAL ELECTIONS Sec. 278.001. APPLICABILITY OF CHAPTER. Applies this chapter to each candidate whose name is to appear on a ballot or on a list of declared write-in candidates in a judicial election. Sec. 278.002. INTERNET VOTER INFORMATION GUIDE. Authorizes the secretary of state to implement a voter information service program to compile information on candidates for election in the form of a voter information guide (guide) and make the guide available to the public on the Internet. Sec. 278.003. STATEMENT FILED BY CANDIDATE. Authorizes a candidate to file with the secretary of state, not later than the 70th day before a judicial election, an informational statement, on a form prescribed by the secretary, to be included in the voter information guide for that election, if the secretary of state implements a voter information service. Sec. 278.004. STATEMENT REQUIREMENTS. Provides that a candidate's information statement must include a summary of the candidate's current occupation, educational and occupational background, biographical information, and any previous government service. Authorizes the secretary of state to prescribe the format and length of the candidate's statement. Sec. 278.005. REVIEW BY SECRETARY OF STATE. Authorizes the secretary of state to review the candidate's statement within five days of receipt and make a determination as to whether it complies with this chapter. Authorizes the secretary of state to reject the statement if not in compliance and give written notice of the rejection to the candidate within two days of rejection. Authorizes the candidate to resubmit the statement subject to the prescribed deadline. Sec. 278.006. PREPARATION OF GUIDE. Authorizes the secretary of state to contract for the preparation and printing of the guide after soliciting bids and authorizes the secretary to prepare and print in-house if equally or more economic. Provides that the guide must include the complying statements of candidates and separate candidates for election and write-in candidates into separate groups. Provides that the order of names in each group in the guide be determined by random drawing conducted by the secretary of state. Authorizes the secretary of state to prescribe appropriate explanatory material to be included in the guide, including its availability for use at the polls. Sec. 278.007. AVAILABILITY OF GUIDE. Authorizes the secretary of state to make the guide available to the public on the Internet not later than the 45th day before the date of each judicial election. Sec. 278.008. ADDITIONAL PROCEDURES. Authorizes the secretary of state to prescribe any additional procedures necessary to implement this chapter. SECTION 2. Effective date: September 1, 1999. SECTION 3. Emergency Clause. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 59 modifies the original in the caption to clarify that this Act relates to making a voter information guide for judicial elections available to the public on the Internet, rather than creating a voter information pamphlet for judicial elections. C.S.H.B. 59 modifies the original in SECTION 1 to change the title of the proposed chapter to "Voter Information Guide for Judicial Elections," rather than "Voter Information Pamphlet for Judicial Elections." C.S.H.B. 59 modifies the original in SECTION 1 to add new Section 278.002 to authorize the secretary of state to implement a voter information service program (program) involving compiling information on candidates and making the information available to the public on the Internet. C.S.H.B. 59 modifies the original in SECTION 1 by redesignating Sections 278.002-278.007 as Sections 278.003-278.008. C.S.H.B. 59 modifies the original in SECTION 1 (proposed Section 278.003, Government Code) to condition a candidate's authorization to file information with the secretary of state on whether the secretary of state implements the program. C.S.H.B. 59 modifies the original in SECTION 1 (proposed Section 278.004, Government Code) to authorize, rather than require, the secretary of state to prescribe the format and length of the candidate's statement. C.S.H.B. 59 modifies the original in SECTION 1 (proposed Section 278.005, Government Code) to authorize, rather than require, the secretary of state to review, and if the secretary of state determines that the statement doesn't comply with applicable requirements, to reject a candidate's statement and deliver notice of the rejection. C.S.H.B. 59 modifies the original in SECTION 1 (proposed Section 278.006, Government Code) to authorize, rather than require, the secretary of state to contract for the preparation of the guide and make a conforming change. Additionally, substitute deletes text providing that the pamphlets be prepared so that they contain only candidates for offices on which the voters receiving them will be eligible to vote. The substitute further authorizes, rather than requires, the secretary of state to prescribe appropriate explanatory material to be included in the guide. C.S.H.B. 59 modifies the original in SECTION 1 (proposed Section 278.007, Government Code) to change the title to "Availability of Guide," rather than "Distribution of Pamphlet." The substitute also authorizes the secretary of state to make the guide available via the Internet, rather than requiring the secretary of state to mail the guide to each household in the state in which a registered voter resides. C.S.H.B. 59 modifies the original in SECTION 1 (proposed Section 278.008, Government Code) to authorize, rather than require, the secretary of state to prescribe additional procedures.