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Texas Proposition 5, State Commission on Judicial Conduct Authority Over Candidates for Judicial Office Amendment (2021)
| Texas Proposition 5 | |
|---|---|
 | |
| Election date November 2, 2021 | |
| Topic State judiciary | |
Status Approved | |
| Type Constitutional amendment | Origin State legislature |
Texas Proposition 5, the State Commission on Judicial Conduct Authority Over Candidates for Judicial Office Amendment, was on the ballot in Texas as a legislatively referred constitutional amendment on November 2, 2021. It was approved.[1]
A "yes" vote supported adding a section to the state constitution that authorizes the State Commission on Judicial Conduct to investigate and discipline candidates seeking state judicial office in the same manner as judicial officeholders. |
A "no" vote opposed this amendment, thereby maintaining that the State Commission on Judicial Conduct is authorized to investigate and discipline only judicial officeholders and not judicial candidates. |
Election results
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Texas Proposition 5 |
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|---|---|---|---|---|
| Result | Votes | Percentage | ||
|
|
852,336 | 59.23% | ||
| No | 586,686 | 40.77% | ||
Overview
How did Proposition 5 change the Commission's authority?
- See also: Text of measure
Proposition 5 authorized the Texas Commission on Judicial Conduct to accept complaints regarding the conduct of candidates seeking judicial office and discipline candidates in the same manner the commission was authorized to do so with judicial officeholders. At the time of the election, the Texas Constitution authorized the commission to discipline sitting judges through letters of caution, private sanctions, public sanctions, resignation instead of discipline, suspensions, public admonition, public warning, or public reprimand.[2]
What is the Texas State Commission on Judicial Conduct?
The Texas State Commission on Judicial Conduct is a judicial disciplinary agency in Texas. It was established by the approval of Proposition 8 in 1965 as the State Judicial Qualifications Commission. In 1977, voters changed the name of the Commission to the State Commission on Judicial Conduct with the approval of Proposition 7. The commission is made up of 13 members. In 2020, the Commission had jurisdiction over 4,151 judges according to Office of Court Administration records.[3]
How often do amendments pass in Texas?
- See also: Historical facts
Between 1995 and 2019, voters approved 91% (154 of 169) and rejected 9% (15 of 169) of the constitutional amendments that appeared on statewide ballots in Texas. An average of 13 measures appeared on odd-year statewide ballots. The number of ballot measures on odd-year statewide ballots ranged from 7 to 22.
Text of measure
Ballot title
The ballot title was as follows:[2]
| “ | The constitutional amendment providing additional powers to the State Commission on Judicial Conduct with respect to candidates for judicial office.[4] | ” |
Constitutional changes
- See also: Article 5, Texas Constitution
The measure added subsection (13-a) to section 1-a of Article 5 of the state constitution. The following underlined text was added:[2]
Note: Hover over the text and scroll to see the full text.
Text of Section 1(a):
Retirement, Censure, Removal, and Compensation of Justices and Judges; State Commission on Judicial Conduct; Procedure
(13-a) The Commission may accept complaints or reports, conduct investigations, and take any other action authorized by this section with respect to a candidate for an office named in Subsection (6)(A) of this section, in the same manner, the Commission is authorized to take those actions with respect to a person holding that office. [4]
Readability score
- See also: Ballot measure readability scores, 2021
| Using the Flesch-Kincaid Grade Level (FKGL and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title and summary for this measure. Readability scores are designed to indicate the reading difficulty of text. The Flesch-Kincaid formulas account for the number of words, syllables, and sentences in a text; they do not account for the difficulty of the ideas in the text. The state legislature wrote the ballot language for this measure.
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Support
Supporters
Officials
- State Senator Judith Zaffirini (D)
- State Representative Jacey Jetton (R)
- State Representative Bryan Slaton (R)
Organizations
Arguments
Opposition
If you are aware of any opponents or opposing arguments, please send an email with a link to editor@ballotpedia.org.
Opponents
Organizations
Arguments
Campaign finance
If you are aware of a committee registered to support or oppose this amendment, please email editor@ballotpedia.org.
| Cash Contributions | In-Kind Contributions | Total Contributions | Cash Expenditures | Total Expenditures | |
|---|---|---|---|---|---|
| Support | $0.00 | $0.00 | $0.00 | $0.00 | $0.00 |
| Oppose | $0.00 | $0.00 | $0.00 | $0.00 | $0.00 |
| Total | $0.00 | $0.00 | $0.00 | $0.00 | $0.00 |
Media editorials
- See also: 2021 ballot measure media endorsements
Ballotpedia identified the following media editorial boards as taking positions on Proposition 5.
Ballotpedia lists the positions of media editorial boards that support or oppose ballot measures. This does not include opinion pieces from individuals or groups that do not represent the official position of a newspaper or media outlet. Ballotpedia includes editorials from newspapers and outlets based on circulation and readership, political coverage within a state, and length of publication. You can share media editorial board endorsements with us at editor@ballotpedia.org.
Support
Opposition
Background
Texas State Commission on Judicial Conduct
The Texas State Commission on Judicial Conduct is a judicial disciplinary agency in Texas. It was established by the approval of Proposition 8 in 1965. The commission is made up of 13 members: six judges, two lawyers, and five members of the public. The judges are appointed by the state supreme court, the lawyers are appointed by the State Bar of Texas, and the members of the public are appointed by the governor.[3]
In 2020, the Commission had jurisdiction over 4,151 judges according to Office of Court Administration records. Out of the 1,240 complaints received by the Commission in 2020, the Commission closed 763 after initial review, closed 334 after a preliminary investigation, and pursued a full investigation for 144 cases. Complaints were most often filed by litigants (494), criminal defendants (279), or citizens (190).[5]
In the Commission's 2020 annual report, they included the following examples of judicial misconduct:[5]
| “ |
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” |
Ballot measures regarding the Commission
Ballotpedia tracked the following ballot measures related to the Texas State Commission on Judicial Conduct:
- Proposition 9 (2013): The measure expanded the types of sanctions that could be assessed against a judge or justice following a formal proceeding instituted by the State Commission on Judicial Conduct.
- Proposition 6 (2005): The measure increased the size of the State Commission on Judicial Conduct from eleven to thirteen members by increasing from four to five the number of public members and by adding a constitutional county court judge.
- Proposition 7 (1984): The measure expanded the types of conduct that could be the basis for complaints to the commission on judicial conduct. The measure also expanded the types of sanctions assessed by the commission.
- Proposition 7 (1977): The measure changed the name of the State Judicial Qualifications Commission to the State Commission on Judicial Conduct and revised the commission's powers, proceedings, and membership.
- Proposition 1 (1970): The measure expanded the scope of the State Judicial Qualifications Commission's disciplinary authority to all judges and justices and expanded the types of sanctions that could be assessed by the commission.
- Proposition 8 (1965): The measure established a State Judicial Qualifications Commission, which provided procedures for removing or involuntarily retiring a judge based on misconduct or disability.
Judicial selection in Texas
- See also: Judicial selection in Texas
Selection of state court judges in Texas occurs through partisan elections at each court level. Term lengths vary, but all judges must run for re-election at the ends of their terms.[6]
Texas is one of 21 states that have nonpartisan or partisan judicial elections. There are also 17 states with judicial retention elections at some or all levels of state courts and three states with partisan judicial elections followed by retention elections.
Across the state's appellate and trial courts, there are nine supreme court justices, nine criminal appeals judges, 80 appeals court judges, and 448 district court judges.
The judges are elected to the following terms, respectively, after which they must seek re-election if they wish to retain their seat:
| Supreme Court | Court of Criminal Appeals | Court of Appeals | District Courts | County Courts | Justice of the Peace Courts |
|---|---|---|---|---|---|
| Partisan elections | Partisan elections | Partisan elections | Partisan elections | Partisan elections | Partisan elections |
| Six-year term | Six-year term | Six-year term | Four-year term | Four-year term | Four-year term |
Under Section 601.003 of the Texas Government Code, judges' terms begin on January 1 after their election or re-election.[7]
Referred amendments on the ballot
- See also: List of Texas ballot measures
The following statistics are based on ballot measures between 1995 and 2020 in Texas:
- Ballots featured 169 constitutional amendments.
- An average of 13 measures appeared on odd-year statewide ballots.
- The number of ballot measures on odd-year statewide ballots ranged from 7 to 22.
- Voters approved 91% (154 of 169) and rejected 9% (15 of 169) of the constitutional amendments.
| Legislatively-referred constitutional amendments, 1995-2020 | |||||||||
|---|---|---|---|---|---|---|---|---|---|
| Total number | Approved | Percent approved | Defeated | Percent defeated | Odd-year average | Odd-year median | Odd-year minimum | Odd-year maximum | |
| 169 | 154 | 91.1% | 15 | 8.9% | 12.8 | 11 | 7 | 22 | |
During the 2021 regular and first special legislative sessions, 251 constitutional amendments were filed in the Texas State Legislature. In the regular session, legislators filed 218 amendments, and in the first special session, legislators filed 33 amendments. Between 2009 and 2020, an average of 192 constitutional amendments were filed during regular legislative sessions. The state legislature approved an average of nine constitutional amendments during regular legislative sessions. Therefore, the average rate of certification during regular legislative sessions was 4.7%. In 2021, eight of the 218 proposed constitutional amendments were certified for the ballot during the regular session, meaning the rate of certification was 3.7%, down from 4.6% in 2019.
Path to the ballot
- See also: Amending the Texas Constitution
To put a legislatively referred constitutional amendment before voters, a two-thirds (66.67%) vote is required in both the Texas State Senate and the Texas House of Representatives.
This amendment was filed as House Joint Resolution 165 (HJR 165) on April 27, 2021. On May 13, 2021, the state House passed HJR 165 in a vote of 137-0 with 13 not present or not voting. On May 22, 2021, the Senate approved HJR 165 by a vote of 31-0.[1]
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How to cast a vote
- See also: Voting in Texas
Click "Show" to learn more about voter registration, identification requirements, and poll times in Texas.
| How to cast a vote in Texas | ||||||
|---|---|---|---|---|---|---|
Poll timesIn Texas, all polling places are open from 7:00 a.m. to 7:00 p.m. local time. Texas is divided between the Central and Mountain time zones. An individual who is in line at the time polls close must be allowed to vote.[8]
Registration
To register to vote in Texas, an applicant must be a United States citizen, a resident of the county in which he or she is registering, and at least 17 years and 10 months old.[9] The deadline to register to vote is 30 days before the election. Prospective voters can request a postage-paid voter registration form online or complete the form online and return it to the county voter registrar. Applications are also available at a variety of locations including the county voter registrar’s office, the secretary of state’s office, libraries, and high schools. Voter registration certificates are mailed to newly registered voters.[10] Automatic registrationTexas does not practice automatic voter registration.[11] Online registration
Texas does not permit online voter registration.[11] Same-day registrationTexas does not allow same-day voter registration.[11] Residency requirementsProspective voters must reside in the county in which they are registering to vote.[12] Verification of citizenshipTexas does not require proof of citizenship for voter registration. An individual applying to register to vote must attest that they are a U.S. citizen under penalty of perjury. State law requires election officials to conduct a check of registered voters' citizenship status. Section 18.068 of the Texas Election Code says the following:
In January 2019, the Texas secretary of state’s office announced that it would be providing local election officials with a list of registered voters who obtained driver’s licenses or IDs with documentation such as work visas or green cards. Counties would then be able to require voters on the list to provide proof of citizenship within 30 days.[14] The review was halted by a federal judge in February 2019, and Secretary of State David Whitley rescinded the advisory in April.[15][16] A news release from Whitley’s office stated that “... going forward, the Texas Secretary of State's office will send to county voter registrars only the matching records of individuals who registered to vote before identifying themselves as non-U.S. citizens to DPS when applying for a driver's license or personal identification card. This will ensure that naturalized U.S. citizens who lawfully registered to vote are not impacted by this voter registration list maintenance process.”[17] All 49 states with voter registration systems require applicants to declare that they are U.S. citizens in order to register to vote in state and federal elections, under penalty of perjury or other punishment.[18] Seven states — Alabama, Arizona, Georgia, Kansas, Louisiana, New Hampshire, and Wyoming — have laws requiring verification of citizenship at the time of voter registration, whether in effect or not. In three states — California, Maryland, and Vermont — at least one local jurisdiction allows noncitizens to vote in some local elections. Noncitizens registering to vote in those elections must complete a voter registration application provided by the local jurisdiction and are not eligible to register as state or federal voters. Verifying your registrationThe Texas Secretary of State’s office allows residents to check their voter registration status online by visiting this website.
Voter ID requirementsTexas requires voters to present photo identification while voting.[19] The following list of accepted ID was current as of February 2023. Click here for the Texas Secretary of State's page on accepted ID to ensure you have the most current information.
Identification provided by voters aged 18-69 may be expired for no more than four years before the election date. Voters aged 70 and older can use an expired ID card regardless of how long ago the ID expired.[19] Voters who are unable to provide one of the ID options listed above can sign a Reasonable Impediment Declaration and provide one of the following supporting documents:[19]
The following voters are exempt from showing photo ID:[19]
Voters who do not have a photo ID can obtain a Texas Election Identification Certificate (EIC) at any Texas driver’s license office during regular business hours. Voters can also obtain an Election Identification Certificate from a mobile station. Locations are listed here.[19] | ||||||
See also
External links
Footnotes
- ↑ 1.0 1.1 Texas State Legislature, "House Joint Resolution 165 Overview," accessed April 28, 2021
- ↑ 2.0 2.1 2.2 Texas State Legislature, "House Resolution 165 Text," accessed May 24, 2021
- ↑ 3.0 3.1 State Commission on Judicial Conduct, "Commissioner Information"
- ↑ 4.0 4.1 4.2 4.3 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source. Cite error: Invalid
<ref>tag; name "quotedisclaimer" defined multiple times with different content Cite error: Invalid<ref>tag; name "quotedisclaimer" defined multiple times with different content Cite error: Invalid<ref>tag; name "quotedisclaimer" defined multiple times with different content - ↑ 5.0 5.1 State Commission on Judicial Conduct, "Annual Report," accessed May 26, 2021
- ↑ American Judicature Society, "Methods of Judicial Selection: Texas," archived October 3, 2014
- ↑ Texas Government Code, "Section 601.003," accessed June 24, 2019
- ↑ VoteTexas.gov, "Who, What, Where, When, How," accessed February 27, 2023
- ↑ Texas Secretary of State, “Request for Voter Registration Applications,” accessed February 27, 2023
- ↑ Texas Secretary of State, “Voter Registration,” accessed February 27, 2023
- ↑ 11.0 11.1 11.2 NCSL, "State Profiles: Elections," accessed July 28, 2024
- ↑ Texas Secretary of State, "Request for Voter Registration Applications," accessed July 28, 2024
- ↑ Texas Constitution and Statutes, “Election Code,” accessed February 23, 2023
- ↑ The Texas Tribune, “Texas officials flag tens of thousands of voters for citizenship checks,” January 25, 2019
- ↑ The New York Times, “Federal Judge Halts ‘Ham-Handed’ Texas Voter Purge,” February 28, 2019
- ↑ The New York Times, “Texas Ends Review That Questioned Citizenship of Almost 100,000 Voters,” April 26, 2019
- ↑ Texas Secretary of State, “Secretary Whitley Announces Settlement In Litigation On Voter Registration List Maintenance Activity,” April 26, 2019
- ↑ Under federal law, the national mail voter registration application (a version of which is in use in all states with voter registration systems) requires applicants to indicate that they are U.S. citizens in order to complete an application to vote in state or federal elections, but does not require voters to provide documentary proof of citizenship. According to the U.S. Department of Justice, the application "may require only the minimum amount of information necessary to prevent duplicate voter registrations and permit State officials both to determine the eligibility of the applicant to vote and to administer the voting process."
- ↑ 19.0 19.1 19.2 19.3 19.4 Texas Secretary of State, "Required Identification for Voting in Person," accessed February 27, 2023 Cite error: Invalid
<ref>tag; name "tvid" defined multiple times with different content
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