HBA-NLM, BTC H.B. 666 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 666 By: Mowery Judicial Affairs 4/21/1999 Introduced BACKGROUND AND PURPOSE Current law subjects a candidate for a judicial office to the provisions of Cannon 5 of the Code of Judicial Conduct. These provisions prohibit a judicial candidate from making statements that indicate an opinion on any issue that may be subject to judicial interpretation by the office which is being sought; making pledges or promises of conduct in office regarding judicial duties other than the faithful and impartial performance of the duties of the office; and authorizing the public use of the candidate's name to endorse another candidate for any public office, except that the candidate may indicate support for a political party. As a result of these constraints candidates for lower court judgeships are prevented from receiving significant public exposure and from fully participating in the political process. Cannon 5 effectively removes judicial candidates from the political process except for a declaration of party affiliation. H.B. 666 removes judicial candidates from the straight party vote. In addition, this bill requires judicial offices to appear on the ballot in the same format as the other offices but under the heading "Judicial Offices." 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 Section 1.005, Election Code, by amending Subdivision (20) and adding Subdivision (25), as follows: (20) Excludes nominees for judicial offices from a straight-party vote. (25) Defines "judicial office" as an office listed in Section 52.092(g). SECTION 2. Amends Section 52.065, Election Code, by adding Subsection (f), as follows: (f) Requires judicial offices to appear on the ballot in the same format as the other offices but under the heading "Judicial Offices" after the listing of the other offices. SECTION 3. Amends Section 52.066, Election Code, by adding Subsection (e) to make a conforming change. SECTION 4. Amends Subchapter C, Chapter 52, Election Code, by adding Section 52.0661, as follows: Sec. 52.0661. SEPARATE LISTING OF UNOPPOSED JUDICIAL CANDIDATES. Requires that any unopposed candidates for judicial offices be listed separately on the ballot under the heading "Uncontested Judicial Races" following the contested judicial races. Requires that in the general election for state and county officers the party alignment of each unopposed candidate for judicial office be indicated next to the candidate's name. Requires the secretary of state to prescribe necessary procedures or instructions to implement this section. SECTION 5. Amends Section 52.070(b), Election Code, to make a conforming change. SECTION 6. Amends Section 52.071, Election Code, to make conforming changes. SECTION 7. Amends Section 52.092, Election Code, by amending Subsections (c)-(e) and (g)-(j) and by adding Subsection (k), as follows: (c) Deletes four statewide judicial offices from the list of statewide offices of state government required to be listed in specific order. (d) Deletes five judicial district offices of state government from the list of offices required to be listed in specific order. Redesignates Subdivision (9) to (4) and Subdivision (10) to (5). (e) Deletes three county offices from the list of offices which are required to be listed in specific order. Redesignates Subdivisions (5) to (2) and Subdivisions (6) - (15) to (3) -(12). (g) Requires judicial offices to 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; and (12) judge, county probate court. (h) Redesignated from existing Subsection (g) (i) - (k) Redesignated from existing Subsections (h) - (j). SECTION 8. Amends Sections 65.007(b) and (c), Election Code, to make conforming changes. SECTION 9. Amends Subchapter A, Chapter 124, Election Code, by amending Section 124.003 and adding Section 124.0031, as follows: Sec. 124.003. New Title: SEPARATE LISTING OF UNOPPOSED CANDIDATES. Authorizes any unopposed candidates, except candidates for judicial offices, to be listed separately under the heading "Uncontested Races" on a ballot. Deletes "Bloc Voting" from existing title. Makes a conforming change. Sec. 124.0031. SEPARATE LISTING OF UNOPPOSED JUDICIAL CANDIDATES. Authorizes candidates listed under the uncontested judicial races heading to be arranged in a manner requiring voting on them as one or more groups, but only if an additional ballot or ballot label would otherwise be necessary to accommodate all the candidates and propositions to be listed. SECTION 10. Amends Section 124.061(b), Election Code, to provide that if a punch-card ballot label comprises more than one sheet, the first sheet in the sequence must indicate the fact that the ballot is continued on one or more additional sheets and must indicate the sheet on which the listing of judicial offices, if any, begins. SECTION 11. Amends Section 124.063(a), Election Code, to provide that an electronic system ballot must contain the same voting instructions for any judicial office as it does with respect to other candidates. SECTION 12. Effective date: September 1, 1999. SECTION 13. Emergency clause.