ch. 5 | Campaigns and Elections

conducting campaigns in the 21st century

• importance of the media:

-independent candidate: candidate who runs in general election w/o party endorsement or selection
-sound bite: brief statement of candidate's theme communicated by radio/tv in a few seconds
-tv ads allow candidates to structure messages carefully & avoid risk of misstatement
-more money a campaign has, less interest in debating an opponent
-candidates rely on social media to communicate w voters

• mud slide campaigns:

-suggests reaction of citizens who were disappointed by candidates' low ethical level of campaigning & avoidance of critical public issues 

-character became more important --> more negative campaigning 

campaign reform

• eliminating negative campaigning:

-focuses on things other than basic issues & candidate personalities that relate to leadership potential

• increasing free media access:

-television is most important & most expensive communication tool

-Campaign Legal Center supports media access reform

-candidates regularly use Twitter, Facebook, YouTube, etc. to campaign

campaign finance

-candidates need to raise large amounts of cash at local, state, and national levels

-political action committees (PACs): organizational device used by corporations, labor unions, and other organizations to raise money for campaign contributions

-in return for their contributions, big donors receive access to elected officials 

-Texas Ethics Commission: state agency that enforces state standards for lobbyists & public officials

-Campaign Reform Act: 2002, restricts donations of "soft &hard money" for election campaigns

-soft money: unregulated political donations made to national political parties or independent expenditures on behalf of a candidate

-hard money: campaign money donated directly to candidates or political parties & restricted in amount by federal law 

-independent expenditures: pay for political campaign communications that expressly advocate the nomination, election, or defeat of a clearly identified candidate but are not given to, or made at the request of, the candidate's campaign 

-super PAC: independent expenditure-only committees that may raise unlimited sums of money from corporations, unions, nonprofit organizations, & individuals 

racial & ethnic politics

-Texas is a majority-minority state: Latinos & African Americans = more than half of population

Latinos:

-more likely to vote for Democratic candidates but Republican candidates fare better among Latino voters in TX than nationally

-issues: bilingual educations, political representation, immigration reform

-voting behavior indicates responses to candidates & issues, not to particular party 

-size of Latino population causes politicians to solicit their support 

African Americans:

-tend to identify w Democratic party

-10% of state's potential voters 

women in politics

-expanded presence of women in public office changes public policy 

-fewer women than men seek elective public office 

-parental obligations & age-old prejudices make it harder for women to be work in government

voting

• obstacles to voting:

-universal suffrage: voting is open for virtually all persons 18+ years old 

-voter registration: qualified voter must register w county voting registrar who compiles lists of qualified voters residing in each voting precinct 

-literacy tests: intended to prevent African Americans & Latinos from voting 

-grandfather clause: exempted people from educational, property, or tax requirements for voting if they were qualified to vote before 1867 or were descendants of such persons 

-poll tax: failure to pay annual tax made a citizen ineligible to vote in party primaries or in elections

-all white primaries: prevented African Americans & some Latinos from participating in Democratic primaries from 1923-1944

-racial gerrymandering: drawing legislative district lines to underrepresent persons of certain races 

-diluting minority votes: creation of at-large majority districts (each electing two or more representatives) dilutes the votes of minority group when combined w majority group

Democratization of the ballot

• federal voting rights legislation

Voting Rights Act of 1965:

-abolishes use of literacy tests in voter registration

-prohibits residency requirements of 30+ days for voting in presidential elections

-requires states to provide absentee or early voting 

-allows individuals to sue in federal court to request voting examiners be sent to particular area

-bilingual ballots & bilingual oral assistance 

motor-voter law (National Voter Registration Act): requires certain government offices to offer voter registration applications to clients 

• voter turnout: percentage of voting-age population casting ballots in an election

-Texa's lower voter turnout rates can be explained by lower percentage of eligible voters in the state (citizenship status, convicted felon who has not completed serving sentence, cultural, socioeconomic, & ethnic/racial factors)

-as educational level rises, so does likelihood of voting 

administering elections

-Texas Election Code: body of state law concerning parties, primaries, & elections 

• qualifications for voting:

-native-born or naturalized citizen of U.S.

-18+ years old 

-resident of state & county for at least 30 days immediately preceding

-resident of area covered by the election

-registered voter for at least 30 days immediately preceding 

-not be a convicted felon (unless sentence/probation/parole are completed)

-not be declared mentally incompetent by court of law

• voting early:

-early voting ends 4 days before any election or primary 

-can be in-person, voting by mail, machine voting (for military personnel)

• voting precincts: basic geographic area for conducting primaries & elections
• election officials: 

-various county & political party officials administer federal, state, & county elections

-elections administrator: person appointed to supervise voter registration & voting 

-election judge: official appointed by county commissioners court to administer an election in a voting precinct 

• voting systems:

-paper ballot: cheap, easy; counting is slow & error-prone

-optical scan (like a Scantron): expensive to purchase & store

-direct recording electronic (touch screen): expensive to purchase & store

primary, general, & special elections

• primaries: preliminary election conducted w/in party to select candidates who will run for public office in subsequent general election

-direct primary: nominating system that allows voters to participate directly in the selection of candidates to public office 

-runoff primary: held after the first primary to allow party members to choose a candidate from the first primary's top 2 vote-getters

-closed primary: voters must declare their support for a party before they are permitted to participate in the selection of candidates 

-open primary: voters are not required to declare party identification

-jungle primary: voters indicate preferences by using single ballot w names of candidates of all parties 

• general elections: determine which candidates will fill government offices

-candidate who receives a plurality in a contest is the winner 

-off-year or midterm election: held in the even-numbered year following a presidential election 

-special election: called by governor to fill a vacancy or to vote on proposed state constitutional amendment or local bond issue 

Ch. 12 | criminal justice system

• criminal justice system: involves prosecution, defense, sentencing, & punishment of those suspected of convicted of committing a crime
• Texas Penal Code: body of TX law covering crimes, penalties, & correctional measures
• enhanced punishment: additional penalties or prison time for those who engage in organized crimes or hate crimes, & for repeat offenders 
• capital felony: punishable by death or life imprisonment w/o parole 

• Texas relies heavily on incarceration as a response to drug offenses 

-prosecuting & incarcerating Texans who suffer from addiction limits ability to become healthy

• Texas law provides enhanced punishment for hate crimes 

• death penalty:

murder can become capital felony if:

-victim was younger than 10

-victim was a police officer/firefighter/prison employee

-occurs during the commission of another felony

-murder for hire

-serial murders

-inmate-on-inmate murder 

cannot be used on anyone:

-younger than 18 when committing a capital crime

-mentally retarded 

-mentally incompetent at the time of committing a capital crime 

-mentally ill 

Texas Department of Criminal Justice:

• provide public safety

-current focus on rehabilitation & reentry has reduced escalating imprisonment rates 

-Correctional Institutions Division: responsible for ensuring public safety

problems:

   maintaining trained workforce

   difficult working conditions

   demand leads to hiring candidates who have not been properly screened 

   candidates failing to meet physical requirements for job

   candidates not adequately trained to deal w challenging inmate population

• promote positive behavioral changes
• reintegrate offenders into general society

-goal of treatment & education programs: equip prisoners w skills to succeed upon release 

-agencies responsible for convicted criminals who serve part of sentences in community:

1. Community Justice Assistance Division: est. minimum standards for county programs involving community supervision & corrections facilities 
2. Parole Division: recommends acts of clemency 

• assist crime victims

-Victim Services Division: provides info to crime victims about any change in offender's status 

• Juvenile: at least 10 years old but younger than 17 years old 

-juvenile offenders are arrested by the same officers who deal w adult criminals but are detained in separate facilities 

problems & reforms: implications for public policy

• overcrowding & mental illness in prison
• technology

-social media: inmates can communicate w each other & outside world

-forensic science: DNA testing 

• exoneration issues

-Texas conppensates individuals wrongfully incarcerated 

• racial bias in the criminal justice system
• misconduct by district attorneys 

-DA represents Texas in criminal cases 

-some unfortunately misuse their power 

-DAs must see that justice is done, instead of focusing on convictions 

Ch. 11 | the judicial branch

• role: interpret & apply state constitutional provisions, statutory laws, & agency regulations 
• civil law: concerning noncriminal matters (business contracts, personal injury, etc.)
• criminal law: concerning felony & misdemeanor offenses by individuals against other person & property, or in violation of laws & ordinances 

• Texas courts interpret & apply state law 

trial & appellate courts:

• local trial courts: handle class C misdemeanors 

-municipal courts

-justice of the peace courts

• county trial courts: probate, civil, & criminal jurisdiction
• state trial (district) courts: exclusive original jurisdiction over civil cases w $200+
• intermediate appellate courts: hear appeals of civil & criminal cases from district & county 
• highest appellate courts: 

-court of criminal appeals 

-Texas supreme court: civil law cases, establishes rules of civil procedure for state's lower courts

• specialty courts: deal w particular types of problems/populations
• alternative dispute resolution: use of mediation, conciliation, or arbitration to resolve disputes among individuals w/o resorting to court trial  

• the State Commission on Judicial Conduct plays role in disciplining state's judiciary 
• the State Bar of Texas oversees the state's lawyers 

-Legal Aid: free legal attorney w Legal Services Corporation

• Texas has two types of juries:

-grand juries: 12 persons w qualifications of trial jurors; serves 6 months while determining whether sufficient evidence exists to indict persons accused of committing crimes

-trial (petit) juries: 6 or 12 members

• qualifications of Texas juror:

-citizen of U.S. & Texas

-18+ years old 

-of sound mind

-literate

-not convicted of felony

• exemptions:

-70+ years old

-legal custody of a child younger than 10 

-enrolled in/attending university, college, secondary school

-primary caregiver for an invalid

-employed by legislative branch 

-serving w/in preceding 2 years in counties w populations of 200,000+

-active military duty outside the county

• civil law:

-torts: injury to person/person's property resulting from the wrongful act of another

-contracts

-domestic relations

-family law

• civil trial procedure:

1. plaintiff files petition/complaints against defendant & the remedy sought
2. petition filed w clerk of court
3. lawsuit contemplated
4. clerk issues a citation which is delivered to defendant
5. defendant files an answer to plaintiff's charges 
6. judge sets a trial date 

Ch. 8 | the legislative branch

legislative functions: 

• enact bills
• adopt resolutions 
• proposing constitutional amendments
• adopting budgets for state government
• levying taxes
• redistricting
• impeaching & removing executive & judicial officials 

election & terms of office

• representatives elected for 2 years
• senators elected for 4 years 
• terms begin in January of odd-numbered years 

sessions

regular sessions: session of TX legislature that is constitutionally mandated

• begins on second Tuesday in January of odd-numbered years
• lasts for a max. of 140 days 
• Austin economy benefits bc legislators & lobbyists spend money for housing & entertainment

special sessions: legislative session called by governor 

• limited to no more than 30 days
• legislature may only consider matters placed before it by governor
• costly to taxpayers
• unpopular w legislators 

districting

• states divided into districts to provide equal representation 

redistricting: redrawing boundaries 

• districts redrawn due to migration, births, & deaths 

Reynolds v. Sims: "the seats in both houses of a bicameral state legislature must be apportioned on a population basis" 

Kilgarlin v. Martin: "one person, one vote"

gerrymandering: drawing boundaries of districts to include/exclude certain groups to affect election

single-member district: area that elects only one representative to a policymaking body 

• reduce campaign costs
• increase probability that more African American & Latino candidates will be elected

multimember district: all voters participate in election of 2+ representatives to policymaking body 

Perez v. Perry: lawsuits consolidated into one case, claimed the redistricting plans discriminated against Latinos & African Americans 

Shelby County v. Holder: automatic pre-clearance requirements of the Voting Rights Act were no longer applicable 

TX legislatures must meet state constitutional qualifications:

• U.S. citizen
• qualified voter
• one year residence in district to be represented preceding election
• House: 2 years of TX residence preceding election; Senate: 5 years 
• House: 21 years old; Senate: 26 years old 

gender & ethnic classifications

• Anglo men dominate TX legislature 
• general disrespect of female legislators 
• African American & Latinos underrepresented 

political party affiliation

• 2011: Republications achieved super-majority status in House of Representatives 
• Central city residents usually elect African American & Latino Democrats 
• Republican senators & representatives get support from rural & suburban Anglo voters 

education & occupation

• most positions of leadership call for college credentials 
• most legislators are attorneys, business owners, or managers
• laborers have held almost no seats 

religious affiliation

• legislators' religious beliefs may play role in forming public policy 
• most numerous (in order): Baptists, Methodists, & Episcopalians 

legislative experience

• terms of turnover (first-termers replacing experienced) or tenure (years served)
• incumbent more likely to win an election 
• TX does not have term limits for legislators 

TX legislators receive low pay, reasonable allowances, & generous retirement pension

pay & per diem allowance

• Texas Ethics Commission sets per diem expense allowance
• TX voters must approve all recommended salary increases 

expense allowances

• at the beginning of each session, each chamber authorizes contingent expense allowances 
• use money to cover cost of work-related travel, postage, office operations, staff salaries 

retirement pension

• Texas State Employees Retirement Act of 1975: legislators contribute 8% of their state salaries to retirement fund 
• many legislators do not serve long enough to qualify for a pension

president of Senate: the lieutenant governor:

• not a member of the state Senate
• presides over most sessions & plays leading role in legislative matters
• first in line of succession in event of death/resignation/removal of governor 
• powers granted by Senate rules 
• Senate elects president pro tempore= presides when lieutenant governor is absent/disabled

presiding officer of the House of Representatives: Speaker of the House:

• candidates must file w Texas Ethics Commission

presiding officers appoint committee chairs & determine the committees to which bills are referred

house committees

substantive committee: appointed by House Speaker

• considers bills & resolutions related to subject identified by its name
• may recommend passage of proposed legislation to appropriate calendars committee

procedural committee: consider bills & resolutions relating to procedural legislative matters

select committee: created by House Speaker or lieutenant governor; may consider legislation that crosses committee jurisdictional lines/may conduct special studies

interim committee: House/Senate committee appointed by Speaker or lieutenant governor to study important policy issue btwn regular sessions

senate committees

standing committee: appointed by lieutenant governor for purpose of considering proposed bills ^ resolutions before possible floor debate & voting 

legislative caucuses: legislators who try to maximize influence over issues of special interest

• party caucuses: take policy positions on issues & promote unity among members
• racial/ethnic caucuses: organize & form voting blocs to maximize their power 
• ideological caucuses: conservative & liberal caucuses reflect opposing views on most issues 
• bipartisan caucuses: framed around specific issues 

along w their powers, lawmakers have immunities from prosecution

making public policy 

• most typical exercise of legislative power 
• passing bills & adopting resolutions

simple resolution: requires action by one legislative chamber only 

concurrent resolution: adopted by House & Senate majorities then approved by governor 

joint resolution: majority vote in each house when used to ratify an amendment 

bill: proposed law or statute 

• special bill: makes exception to general laws for specific individual/class/corporation
• general bill: apply to all people/property
• local bill: creates/affects single unity of local government 

constitutional amendment power

• members of either chamber can introduce joint resolution to amend TX constitution 
• approved by 2/3rds majority vote --> proposal is made 

administrative & investigative powers 

oversight: requires reports from state agencies concerning their operations

• state auditor gives info to House & Senate about use of state funds by administrative agencies 

Sunset Advisory Commission: recommends continuation/merger/division/abolition of agencies 

senatorial courtesy: Senate rejects an appointment if appointee is declared "personally objectionable" by senator representing the district in which the appointee resiedes

impeachment & removal powers

• House of Representatives has power to impeach all elected state judges & justices 

impeachment: brings charges leading to possible removal of certain officials 

immunities

• can't be sued for slander 
• not held accountable for statements made in speech or debate during legislative proceeding
• may not be arrested while attending legislative session or traveling to/from meeting place 

each chamber adopts its own set of rules at the beginning of every regular session

parliamentarian: an expert on rules of order who sits at left of the presiding officer in House or Senate & provides advice on procedural questions

how a bill becomes a law

1. introduction in the House

• companion bill: filed in one house but identical/similar to a bill filed in other chamber- speeds passage of bill bc committee consideration may take place simultaneously in both houses 

2. first reading (House) & referral to committee

3. house committee consideration & report 

• bill analysis that summarizes important provisions of bill

4. second reading (House)

• ghost voting: prohibited practice of one representative pressing the voting button of another member who is absent (unless given permission)
• chubbing: representatives engage in lengthy debate for the purpose of using time & preventing a vote on a bill that they oppose 

5. third reading (House)

6. first reading (Senate)

7. Senate committee consideration & report 

• two-thirds rule: procedural device to control bringing bills to the Senate floor for debate

8. second reading (Senate)

9. third reading (Senate)

10. return to the House

11. conference committee

• committee composed of representatives & senators appointed to reach agreement on a disputed bill & recommend changes acceptable to both chambers 

12. conference committee report

13. enrollment

• bill is stamped "enrolled" & report is presented to the House

14. signatures of chief clerk & speaker

15. signatures of secretary of Senate & lieutenant governor 

16. action by governor 

• 3 options:

1. sign bill 
2. allow it to remain unsigned for 10 days- becomes law w/o chief executive's signature 
3. w/in 10 day period, veto- return to House, unsigned, w reason for veto

influences w/in legislative environment:

the Texas Legislative Council

• authorizes special research projects 
• bill drafting
• advice for legislators 
• legislative research & writing 
• publishing & document distribution
• interim study committee research support
• demograpic & statistical date compilation & analysis
• computer mapping & analysis

the House Research Organization

• independent of House leadership
• produces reports on policy issues & House procedures 
• prepares Daily Floor Report for each day the legislature is in session
• analyze important bills to be considered
• provide summary of bill content & presenting arguments for/against each bill 
• publishes report on session's important bills & resolutions

the Senate Research Center

• analyzes bills under consideration by Senate
• conducts research on diverse issues
• responds to requests from Senate members for research & info

the Center for Public Policy Priorities

• independent nonprofit 
• focus on problems of low/moderate income families

the Texas Public Policy Foundation 

• research on issues supporting limited government, free enterprise, private property rights, etc.

Ch. 2 | federalism & the Texas constitution

federalism: structure of government characterized by the division of powers btwn a national government & associated regional governments
10th amendment: "the powers not delegated by the Constitution, nor prohibited by it to the States, are reserved to the States, respectively, or to the people"
national supremacy clause: emphasizes that the U.S. constitution & acts of Congress must prevail over state constitutions & laws enacted by state legislatures
delegated powers: (of the national government) listed in the U.S. constitution, article 1, section 8
-regulate interstate & foreign commerce
-borrow & coin money
-establish post offices & post roads
-declare war
-raise & support armies
-provide & maintain a navy
-levy & collect taxes
-establish uniform rules of naturalization
implied powers: power to "make all laws which shall be necessary & proper"
constitutional guarantees: (under the rights & protections of U.S. constitution)
-a state cannot divide itself nor combine w another state w/o consent of Congress
-each state guaranteed a republican form of gov. (representative gov. w elected lawmakers)
-each state guaranteed 2 senators & 1 member of House of Representatives
-all states participate in presidential elections through the electoral college
-all states participate in approving/rejecting proposed amendments
-each state entitled to protection against invasion & domestic violence
-TX is assured that trials by federal courts for crimes committed in TX will be conducted in TX
privileges & immunities: Article IV & 11th amendment guarantees citizens of every state protection by the government, enjoyment of life & liberty, right to acquire & possess property, right to leave & enter any state, & right to use of courts
full faith & credit clause: most legislative enactments, state constitutions, deeds, wills, marriages, divorces, etc. of another state must be officially recognized in other states
reserved powers: (of the states)
-police: protection of citizens' health/morals/safety/convenience
-taxing: raising revenue to pay salaries of state employees, meet other gov. costs
-proprietary: public ownership of property
-eminent domain: taking private property at fair price for public use
federal grants-in-aid: money to help states provide needed facilities & services
devolution: decline in national control over state governments = more power for states
block grants: allows state flexibility in spending for a program

Texas Constitution (1876) is the main source of power for TX government
^ has been amended no fewer than 483 times
TX has been governed by its state constitutions of 1845, 1861, 1866, 1869, & 1876
Texas Grange: farmers' organization committed to limited gov. & spending
constitutional amendment process: (for changing the TX constitution) an amendment is proposed by 2/3rds vote of each chamber of legislature & approved by majority of votes in election
constitutional amendment election: voters asked to approve proposed constitutional amendments
initiative: citizen-drafted measure proposed by a specific number of voters that becomes law if approved by popular vote
constitutional revision: extensive or complete rewriting of a constitution
November 1975 was the last time that voters were presented w a wholesale constitutional revision proposal from the state legislature

Texas Bill of Rights: (article 1 of TX constitution) guarantees protections for:
-people & their property against arbitrary actions by state & local governments
-freedom of speech
-freedom of press
-freedom of religion
-freedom of assembly
-freedom of petition
-rights of criminals & victims
-equal rights for women
Texas Equal Legal Rights Amendment: guarantees equality of sex/race/color/creed/etc.
the TX constitution contains constitutional rights not found in the U.S. constitution
separation of powers: (article II) law-making/enforcing/interpreting= separate branches of gov.
-Legislative department: (article III) bicameral legislature-House of Representatives & Senate
-Executive department: (article IV) governor= Chief executive officer of the State
-Judicial department: (article V) TX has bifurcated court system- 2 courts of final appeal: Supreme Court of TX (civil cases) & Court of Criminal Appeals (criminal cases)
suffrage: the right to vote (article VI)
local government: counties, municipalities, school districts, etc. that provide a range of services
other articles:
-education
-taxation & revenue
-public lands & land office
-impeachment
-general provisions
-mode of amendment

classification by relationship btwn legislative & executive branch foundations:

-presidential: legislative & executive are separate

-parliamentary: executive is part of legislative

politics: process to select government leaders & the policies they make

pluralism: we do things individually but a lot of politics are in groups that pool resources & express common interests

pluralist theory: competition among groups pressing for preferred policies 

hyperpluralism: groups are so group that the government is weakened bc it needs to please everyone---> gridlock (can't act/make decisions)

what unites the nation?

• LIBERTY: freedom from government control; personal & economic freedoms; bill of rights
• EQUALITY: of outcome & opportunity
• DEMOCRACY: system of government by the whole population

elite & class theory: upper class elite will rule

not all groups are equal; policies benefit those w money & power