HBA-CBW H.B. 167 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 167 By: Gallego Judicial Affairs 2/21/2001 Introduced BACKGROUND AND PURPOSE Currently, there is no statutory provision prohibiting the aggregation of judicial campaign contributions by a judicial candidate who is running unopposed in an election. Moreover, judicial candidates who run unopposed may continue to raise campaign contributions when they do not face immediate contested elections, leading to concerns about undue influence on such candidates. House Bill167 prohibits an unopposed judicial candidate from knowingly accepting political contributions during uncontested primary and general elections. 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. ANALYSIS House Bill 167 amends the Election Code to prohibit an unopposed judicial candidate from knowingly accepting a political contribution. The bill defines an unopposed judicial candidate as one who does not have an opponent in the primary election or for nomination by convention and will not have an opponent in the general election who is the nominee of a party that is required to nominate the party's candidate by primary election. The bill specifies that a candidate is determined to be unopposed the day after the filing date of an application for a place on the ballot or for nomination by convention for the office. The bill provides that a person who violates these provisions is liable for a civil penalty not to exceed three times the amount of the political contributions accepted in violation of these provisions. These provisions do not apply to contributions made to a candidate by an individual who is related to the candidate within the second degree by consanguinity. Under these provisions, a contribution to a specific purpose committee for the purpose of supporting a candidate, opposing the candidate's opponent, or assisting the candidate as an officeholder is considered a contribution to the candidate. EFFECTIVE DATE September 1, 2001.