JOINT RESOLUTION — ELECTION OF THE SECRETARY OF STATE — Legislation Page Version 2

JOINT RESOLUTION — ELECTION OF THE SECRETARY OF STATE

Proposing an Amendment to Texas Constitution Article IV, Section 21
Proposes a constitutional amendment to provide for the Secretary of State of Texas to be elected directly by the qualified voters of this state rather than appointed by the Governor, strengthening independent accountability over the state's chief election officer.
Pre-Filing Draft — Version 2 90th Legislature, Regular Session (2027) Rep. Will Campbell — HD 109
🖶 Print / Save PDF

By: ___________________

H.J.R. No. _____

A JOINT RESOLUTION

proposing a constitutional amendment providing for the election of the secretary of state by the qualified voters of this state.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:

ARTICLE 1. LEGISLATIVE FINDINGS

SECTION 1.01. FINDINGS.

The legislature finds that:
(1)The Office of Secretary of State is currently filled by gubernatorial appointment, with the advice and consent of the Texas Senate, under Texas Constitution Article IV, Section 21, and the Secretary continues in office during the term of service of the Governor.
(2)The Secretary of State serves as the chief election officer of the State of Texas, responsible for the administration, interpretation, and enforcement of the Texas Election Code, including the uniform application of election law across all 254 counties.
(3)Because the Secretary of State exercises statewide authority directly affecting the conduct and integrity of elections, direct accountability to the voters of Texas, rather than accountability solely to the Governor, would strengthen public confidence in the independence and integrity of the office.
(4)A majority of states that separately designate a chief state election official provide for that official to be elected directly by the voters rather than appointed by the governor, consistent with the principle that officials responsible for administering elections should be directly accountable to the electorate.
(5)This resolution is intended to implement the Republican Party of Texas's platform and legislative priority favoring direct election of the Secretary of State.
(6)Under Texas Constitution Article XVII, Section 1, a constitutional amendment must be proposed by joint resolution, adopted by a vote of two-thirds of all the members elected to each house of the Legislature, and submitted to the voters of this state for their approval or rejection at an election held for that purpose.

ARTICLE 2. PROPOSED CONSTITUTIONAL AMENDMENT

SECTION 2.01. Sec. 21, SECRETARY OF STATE.

Article IV, Section 21, Texas Constitution, is amended to read as follows:
(a)The Secretary of State shall be elected by the qualified voters of this state at a general election held for statewide officers for a term of four years beginning January 1 following the general election at which the Secretary of State is elected. The Secretary of State shall continue to perform the duties of the office until a successor is elected and qualified.
(b)A person is eligible to serve as Secretary of State only if the person meets the qualifications prescribed by this constitution and by law for the office.
(c)The Secretary of State shall receive for the Secretary's services an annual salary in an amount fixed by the Legislature.
(d)A vacancy in the office of Secretary of State shall be filled in the manner provided by law.
(e)The Secretary of State shall authenticate the publication of the laws, keep a fair register of all official acts and proceedings of the Governor, and, when required, lay the register and all papers, minutes, and vouchers relating to those acts and proceedings before the Legislature or either house of the Legislature. The Secretary of State shall perform other duties as required by law.
(f)This section applies beginning with the Secretary of State elected at the first general election for statewide officers occurring after the effective date of this amendment. The person serving as Secretary of State immediately before that elected Secretary of State qualifies for office shall continue to serve until the elected Secretary of State qualifies for office.

ARTICLE 3. TRANSITION AND IMPLEMENTATION

SECTION 3.01. TRANSITION.

The person serving as Secretary of State on the effective date of this amendment shall continue to serve until the first Secretary of State elected under amended Article IV, Section 21, qualifies for office. The first election for Secretary of State under this amendment shall be held at the next general election for statewide officers occurring after the effective date of this amendment that allows sufficient time, as determined by applicable law, to comply with candidate-filing and ballot-preparation deadlines under the Election Code.

SECTION 3.02. CONFORMING LEGISLATION.

The Legislature shall enact conforming amendments to the Election Code and Government Code as necessary to implement the direct election of the Secretary of State, including provisions governing candidate filing, campaign finance, qualifications, vacancy, and removal from office, consistent with the provisions generally applicable to other statewide elected officers.

ARTICLE 4. SUBMISSION TO VOTERS

SECTION 4.01. SUBMISSION.

This proposed constitutional amendment shall be submitted to the voters of this state at an election held on the first uniform election date permitted by general law occurring at least ninety (90) days after final adjournment of the legislative session in which this resolution is adopted, in accordance with Texas Constitution Article XVII, Section 1.

SECTION 4.02. BALLOT LANGUAGE.

The ballot shall be printed to permit voting for or against the proposition: "The constitutional amendment providing for the Secretary of State of Texas to be elected by the qualified voters of this state rather than appointed by the Governor."

SECTION 4.03. PROCLAMATION.

The Governor shall issue the proclamation required by law for this election and shall have the proclamation published as required by the Texas Constitution and general law.