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A BILL TO BE ENTITLED
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AN ACT
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relating to the elimination of straight-party voting for judicial |
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offices. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 52.071(b), Election Code, is amended to |
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read as follows: |
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(b) The following instruction shall be added to the |
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instruction required by Section 52.070(b): "You may cast a |
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straight-party vote (that is, cast a vote for all the nominees of |
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one party other than nominees for a judicial office) by placing |
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an 'X' in the square beside the name of the party of your choice. If |
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you cast a straight-party vote for all the nominees of one party and |
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also cast a vote for an opponent of one of that party's nominees, |
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your vote for the opponent will be counted as well as your vote for |
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all the other nominees of the party other than nominees for a |
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judicial office for which the straight-party vote was cast. A |
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straight-party vote will not be counted for the nominee of a party |
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for a judicial office." |
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SECTION 2. Section 52.092, Election Code, is amended by |
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amending Subsections (a), (c), (d), (e), (f), and (j) and adding |
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Subsection (f-1) to read as follows: |
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(a) For an election at which offices regularly filled at the |
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general election for state and county officers are to appear on the |
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ballot, the offices shall be listed in the following order: |
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(1) offices of the federal government; |
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(2) offices of the state government: |
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(A) statewide offices; |
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(B) district offices; |
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(3) offices of the county government: |
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(A) county offices; |
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(B) precinct offices; |
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(4) judicial offices. |
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(c) Statewide offices of the state government shall be |
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listed in the following order: |
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(1) governor; |
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(2) lieutenant governor; |
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(3) attorney general; |
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(4) comptroller of public accounts; |
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(5) commissioner of the General Land Office; |
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(6) commissioner of agriculture; |
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(7) railroad commissioner[;
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[(8) chief justice, supreme court;
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[(9) justice, supreme court;
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[(10) presiding judge, court of criminal appeals;
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[(11) judge, court of criminal appeals]. |
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(d) District offices of the state government shall be listed |
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in the following order: |
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(1) member, State Board of Education; |
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(2) state senator; |
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(3) state representative; |
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(4) [chief justice, court of appeals;
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[(5) justice, court of appeals;
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[(6) district judge;
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[(7) criminal district judge;
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[(8) family district judge;
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[(9)] district attorney; |
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(5) [(10)] criminal district attorney. |
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(e) County offices shall be listed in the following order: |
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(1) county judge; |
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(2) [judge, county court at law;
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[(3) judge, county criminal court;
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[(4) judge, county probate court;
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[(5)] county attorney; |
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(3) [(6)] district clerk; |
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(4) [(7)] district and county clerk; |
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(5) [(8)] county clerk; |
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(6) [(9)] sheriff; |
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(7) [(10)] sheriff and tax assessor-collector; |
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(8) [(11)] county tax assessor-collector; |
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(9) [(12)] county treasurer; |
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(10) [(13)] county school trustee (county with |
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population of 3.3 million or more); |
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(11) [(14)] county surveyor. |
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(f) Precinct offices shall be listed in the following order: |
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(1) county commissioner; |
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(2) [justice of the peace;
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[(3)] constable. |
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(f-1) Judicial offices shall be listed in the following |
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order: |
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(1) chief justice, supreme court; |
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(2) justice, supreme court; |
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(3) presiding judge, court of criminal appeals; |
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(4) judge, court of criminal appeals; |
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(5) chief justice, court of appeals; |
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(6) justice, court of appeals; |
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(7) district judge; |
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(8) criminal district judge; |
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(9) family district judge; |
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(10) judge, county court at law; |
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(11) judge, county criminal court; |
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(12) judge, county probate court; |
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(13) justice of the peace. |
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(j) The office of judge of a multicounty statutory county |
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court created under Subchapter D, Chapter 25, Government Code, is |
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considered to be a judicial [county] office for purposes of listing |
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the office on the ballot and Section 52.0921, and to be a district |
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office for all other purposes under this code. |
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SECTION 3. Subchapter D, Chapter 52, Election Code, is |
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amended by adding Section 52.0921 to read as follows: |
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Sec. 52.0921. JUDICIAL OFFICES. (a) Notwithstanding any |
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other provision of this code, a straight-party vote does not count |
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in an election for a judicial office listed in Section 52.092(f-1). |
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Candidates for judicial offices appear with their party affiliation |
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or independent status displayed next to the candidate's name in a |
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format prescribed by the secretary of state. |
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(b) The secretary of state shall prescribe procedures to |
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inform voters that a straight-party vote does not count in an |
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election for a judicial office. The procedures shall include signs |
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posted in the polling place and notice on the ballot or through the |
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voting system on which a vote is cast. |
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SECTION 4. Sections 65.007(b) and (c), Election Code, are |
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amended to read as follows: |
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(b) Except as provided by Subsection (c) or (d), each |
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straight-party vote shall be tallied for the party receiving the |
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vote instead of being tallied for the individual candidates of the |
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party. The total number of straight-party votes tallied for each |
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party shall be added to the total votes received for each of the |
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party nominees individually, subject to Section 52.0921. |
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(c) If a ballot indicates a straight-party vote and a vote |
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for an opponent of one or more of that party's nominees, a vote |
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shall be counted for the opponent and for each of the party's other |
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nominees, subject to Section 52.0921, whether or not any of those |
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nominees have received individual votes. |
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SECTION 5. This Act takes effect September 1, 2015. |