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This week's column continues the series outlining the proposed constitutional amendments on which Texas voters will decide on September 13. Please feel free to contact me if you have any questions on any of the constitutional amendments. You can view a document which explains the amendments along with arguments for and against each amendment at http://www.tlc.state.tx.us/research/pdf/analyses-sept13-condensed.pdf.
Amendment 7: The constitutional amendment to permit a six-person jury in a district court misdemeanor trial.
Proposition 7 would amend the Constitution to require that petit (trial) juries in criminal misdemeanor cases heard in district court be composed of six people. Misdemeanors are heard in both district courts and county courts. In county courts and inferior courts, the jury is required to consist of only six qualified jurors. The purpose of this constitutional amendment is to provide for uniformity between the county courts and district courts for misdemeanor cases. It would also delete language allowing nine members of a twelve-person jury to render a verdict in misdemeanor cases heard in district court.
Supporters of the change say that the current system of using twelve jurors in district court results in misdemeanor cases being treated differently throughout the state, depending on the type of court in which the case is tried. Opponents say the amendment could have the unintended consequence of allowing a six-person jury in misdemeanor cases where public officials are accused of "official misconduct." District courts are given original jurisdiction over these matters. They say public officials convicted of such crimes face the serious consequence of being removed from office and should have the additional protections of a larger jury.
Amendment 8: The constitutional amendment authorizing the legislature to permit a person to take office without an election if the person is the only candidate to qualify in an election for that office.
This amendment allows a person to take office without an election if the person was the only candidate to qualify in an election to be held for that office. The names and offices would remain on the ballot for voters to see that these candidates were unopposed and declared elected, but no votes would be cast for them and no votes would have to be counted. This procedure is used on the local level and to fill a vacancy in the Legislature if a candidate is running unopposed in a special election to fill the vacancy and other conditions are met.
Proponents say the new procedure would reduce the price of elections. Opponents claim it could cause confusion for some voters who might not understand why they were not allowed to vote for certain candidates.
You can contact me by writing to P.O. Box 2910, Austin, TX 78768-2910 or by e-mailing me at larry.phillips@house.state.tx.us.
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