Thursday, July 14, 2022

Elections

Elections: The formal process of selecting a person for public office or of accepting or rejecting a political proposition by voting. 

The U.S. Constitution and Elections: 


- Article 1, Section 2The House of Representatives shall be composed of Members chosen every second Year by the People of the several States, and the Electors in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature.
- - Congressional Districting.
- - Voter Qualifications for House of Representatives Elections.


- Article 1, Section 3The Senate of the United States shall be composed of two Senators from each State, chosen by the Legislature thereof, for six Years; and each Senator shall have one Vote.
- - Equal Representation of States in the Senate.
- - Selection of Senators by State Legislatures.
- - Seventeenth Amendment Popular Election of Senators.


Article 1, Section 4The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof.
- - Historical Background on Elections Clause.
- - States and Elections Clause.

- Article 2, Section 2
- - Overview of Electors Appointment Clause.
- - State Discretion Over Selection of Electors.
- - Twelfth Amendment Election of President.



The U.S. Election Code: 

- 2 U.S. Code Chapter 1 - ELECTION OF SENATORS AND REPRESENTATIVES.
- 3 U.S. Code Chapter 1 - PRESIDENTIAL ELECTIONS AND VACANCIES.
- 52 U.S. Code: Title 52 - Voting rights, etc....


The Texas Constitution and Elections:


- Article 3: The Legislative Department

- - Sec. 3. ELECTION AND TERM OF OFFICE OF SENATORS. The Senators shall be chosen by the qualified voters for the term of four years; but a new Senate shall be chosen after every apportionment, and the Senators elected after each apportionment shall be divided by lot into two classes. The seats of the Senators of the first class shall be vacated at the expiration of the first two years, and those of the second class at the expiration of four years, so that one half of the Senators shall be chosen biennially thereafter. Senators shall take office following their election, on the day set by law for the convening of the Regular Session of the Legislature, and shall serve thereafter for the full term of years to which elected.

(Feb. 15, 1876. Amended Nov. 8, 1966, and Nov. 2, 1999.)

- - Sec. 4. ELECTION AND TERM OF MEMBERS OF HOUSE OF REPRESENTATIVES. The Members of the House of Representatives shall be chosen by the qualified voters for the term of two years. Representatives shall take office following their election, on the day set by law for the convening of the Regular Session of the Legislature, and shall serve thereafter for the full term of years to which elected.

(Feb. 15, 1876. Amended Nov. 8, 1966, and Nov. 2, 1999.)



- Article 4: The Executive Department

Sec. 1. OFFICERS CONSTITUTING EXECUTIVE DEPARTMENT. The Executive Department of the State shall consist of a Governor, who shall be the Chief Executive Officer of the State, a Lieutenant Governor, Secretary of State, Comptroller of Public Accounts, Commissioner of the General Land Office, and Attorney General.

(Feb. 15, 1876. Amended Nov. 7, 1995.)

Sec. 2. ELECTION OF OFFICERS OF EXECUTIVE DEPARTMENT. All the above officers of the Executive Department (except Secretary of State) shall be elected by the qualified voters of the State at the time and places of election for members of the Legislature.

(Feb. 15, 1876.)



- Article 5:  The Judicial Department  

Sec. 2. SUPREME COURT; JUSTICES. (a) The Supreme Court shall consist of the Chief Justice and eight Justices, any five of whom shall constitute a quorum, and the concurrence of five shall be necessary to a decision of a case; . . . is licensed to practice law in the State of Texas . . . Said Justices shall be elected (three of them each two years) by the qualified voters of the state at a general election; shall hold their offices six years; and shall each receive such compensation as shall be provided by law.

Sec. 4. COURT OF CRIMINAL APPEALS; JUDGES. (a) The Court of Criminal Appeals shall consist of eight Judges and one Presiding Judge. . . . The Presiding Judge and the Judges shall be elected by the qualified voters of the state at a general election and shall hold their offices for a term of six years.

Sec. 6. COURTS OF APPEALS; JUSTICES; JURISDICTION. (a) The state shall be divided into courts of appeals districts, with each district having a Chief Justice, two or more other Justices, and such other officials as may be provided by law. . . . Said Justices shall be elected by the qualified voters of their respective districts at a general election, for a term of six years and shall receive for their services the sum provided by law.

Sec. 9. CLERK OF DISTRICT COURT. There shall be a Clerk for the District Court of each county, who shall be elected by the qualified voters and who shall hold his office for four years, subject to removal by information, or by indictment of a grand jury, and conviction of a petit jury. In case of vacancy, the Judge of the District Court shall have the power to appoint a Clerk, who shall hold until the office can be filled by election.

Sec. 15. COUNTY COURT; COUNTY JUDGE. There shall be established in each county in this State a County Court, which shall be a court of record; and there shall be elected in each county, by the qualified voters, a County Judge, who shall be well informed in the law of the State; shall be a conservator of the peace, and shall hold his office for four years, and until his successor shall be elected and qualified. He shall receive as compensation for his services such fees and perquisites as may be prescribed by law.

Sec. 20. COUNTY CLERK. There shall be elected for each county, by the qualified voters, a County Clerk, who shall hold his office for four years, who shall be clerk of the County and Commissioners Courts and recorder of the county, whose duties, perquisites and fees of office shall be prescribed by the Legislature . . .

Sec. 21. COUNTY ATTORNEYS; DISTRICT ATTORNEYS. A County Attorney, for counties in which there is not a resident Criminal District Attorney, shall be elected by the qualified voters of each county, who shall be commissioned by the Governor, and hold his office for the term of four years. . . . The Legislature may provide for the election of District Attorneys in such districts, as may be deemed necessary, and make provision for the compensation of District Attorneys and County Attorneys. District Attorneys shall hold office for a term of four years, and until their successors have qualified.

Sec. 23. SHERIFFS. There shall be elected by the qualified voters of each county a Sheriff, who shall hold his office for the term of four years, whose duties, qualifications, perquisites, and fees of office, shall be prescribed by the Legislature, and vacancies in whose office shall be filled by the Commissioners Court until the next general election.

Sec. 28. VACANCY IN JUDICIAL OFFICE. (a) A vacancy in the office of Chief Justice, Justice, or Judge of the Supreme Court, the Court of Criminal Appeals, the Court of Appeals, or the District Courts shall be filled by the Governor until the next succeeding General Election for state officers, and at that election the voters shall fill the vacancy for the unexpired term.

Sec. 30. TERM OF OFFICE OF JUDGES OF COUNTY-WIDE COURTS AND OF CRIMINAL DISTRICT ATTORNEYS. The Judges of all Courts of county-wide jurisdiction heretofore or hereafter created by the Legislature of this State, and all Criminal District Attorneys now or hereafter authorized by the laws of this State, shall be elected for a term of four years, and shall serve until their successors have qualified.



Other Elected Statewide (statutory) positions: 

- Agricultural Commissioner.

AGRICULTURE CODE: 
TITLE 2. DEPARTMENT OF AGRICULTURE
CHAPTER 11. ADMINISTRATION

Sec. 11.001. DEPARTMENT; COMMISSIONER. The Department of Agriculture is under the direction of the commissioner of agriculture, who is responsible for exercising the powers and performing the duties assigned to the department by this code or other law.

Sec. 11.004. ELECTION AND TERM OF COMMISSIONER. The commissioner is elected for a term of four years.

Sec. 11.005. QUALIFICATIONS. (a) To be eligible for election as commissioner or appointment to fill a vacancy in the office of commissioner, a person must:

(1) have been engaged, for at least five of the 10 years preceding the year in which the person is elected or appointed to the person's initial term, in the business of agriculture;

(2) have worked, for the five-year period preceding the calendar year in which the person is elected or appointed to the person's initial term, for a state or federal agency in a position directly related to agriculture;

(3) have owned or operated, for at least five of the 10 years preceding the year in which the person is elected or appointed to the person's initial term, farm, ranch, or timber land that qualifies for agricultural use appraisal under Subchapter C, Chapter 23, Tax Code, and be participating, in the calendar year in which the person is elected or appointed to the person's initial term, in a farm program administered by the federal Agricultural Stabilization and Conservation Service; or

(4) have worked, for at least five years at any time before the calendar year in which the person is elected or appointed to the person's initial term, for the Texas Agricultural Council, an organization that is a member of the Texas Agricultural Council, or another agricultural producer association.

(b) For purposes of this section, a person is engaged in the business of agriculture if the person is engaged, for the purpose of wholesale or retail sale, in:

(1) the production of crops for human or animal consumption, or planting seed;

(2) floriculture, viticulture, horticulture, or aquaculture;

(3) the raising or keeping of livestock; or

(4) the processing of any of the products listed in Subdivisions (1) through (3) of this subsection.


- Railroad Commission.

Article 16: Sec. 30.

DURATION OF PUBLIC OFFICES; RAILROAD COMMISSION. 

(b) When a Railroad Commission is created by law it shall be composed of three Commissioners who shall be elected by the people at a general election for State officers, and their terms of office shall be six years. And one Railroad Commissioner shall be elected every two years.

- Texas Board of Education.

Article 7: Sec. 8. STATE BOARD OF EDUCATION.

The Legislature shall provide by law for a State Board of Education, whose members shall be appointed or elected in such manner and by such authority and shall serve for such terms as the Legislature shall prescribe not to exceed six years. The said board shall perform such duties as may be prescribed by law.

Education Code: Sec. 7.103. ELIGIBILITY FOR MEMBERSHIP.

(a) A person is not eligible for election to or service on the board if the person holds an office with this state or any political subdivision of this state.

(b) A person may not be elected from or serve in a district who is not a bona fide resident of the district with one year's continuous residence before election. A person is not eligible for election to or service on the board unless the person is a qualified voter of the district in which the person resides and is at least 26 years of age.


(c) A person who is required to register as a lobbyist under Chapter 305, Government Code, by virtue of the person's activities for compensation in or on behalf of a profession, business, or association related to the operation of the board, may not serve as a member of the board or act as the general counsel to the board.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


The Texas Election Code:








The Texas Secretary of State: 
- TX SOS: Welcome to Texas Elections.



The Counties and Elections: 
- Brazoria County Clerk.
- Harris County Clerk's Office Elections Department.



The General Election:



The Primary Election: 


- Partisan Elections

- - primary elections

Criteria for Winning: 


- Plurality: electoral process in which the candidate who polls more votes than any other candidate is elected. It is distinguished from the majority system, in which, to win, a candidate must receive more votes than all other candidates combined. Election by a plurality is the most common method of selecting candidates for public office. - Britannica.

- Majority: A majority voting system is an electoral system in which the winner of an election is the candidate that received more than half of the votes cast. In the event that no candidate wins an outright majority, a runoff election is held between the top two vote-getters. For this reason, majority systems are sometimes referred to as two-round systems. - Ballotpedia.

- Super Majority: a requirement for a proposal to gain a specified level of support which is greater than the threshold of more than one-half used for a simple majority. Supermajority rules in a democracy can help to prevent a majority from eroding fundamental rights of a minority, but they can also hamper efforts to respond to problems and encourage corrupt compromises at times when action is taken. - Wikipedia.

- 2/3rds
- 4/5ths
- Consensus






Terminology

times, places, and manners clause
presidential electors
role of states
winner take all elections
federalism and elections
number of elected officials
the long ballot
Texas Secretary of State

County Clerks
elections
general elections
primary election
open primaries
closed primaries
direct primaries
preference primaries
blanket primaries
majority election
runoff elections
plurality elections
rank ordered elections
democracy
representation
polls
poll workers
election judges
alternate judges
process
midterm elections
midterm loss
districts
reapportionment 
redistricting
one person, one vote
gerrymandering
- partisan
- racial
- techniques: cracking / packing
competitive districts
non-competitive districts
safe district

Links: 

- U.S. Constitution.

- GovTrack: Congressional Districts Map.

- U.S. Code


- Texas Constitution.

- Texas Statutes: Election Code.

- Texas Redistricting.
- Texas Redistricting: CURRENT DISTRICTS.

- Brazoria County: Sample Ballots