Texas Proposition 13, Increase Mandatory Retirement Age for State Judges Amendment (2023)

Texas Proposition 13
Election date November 7, 2023
Topic State judiciary
Status d Defeated
Type Constitutional amendment	Origin State legislature

Texas Proposition 13, the Increase Mandatory Retirement Age for State Judges Amendment, was on the ballot in Texas as a legislatively referred constitutional amendment on November 7, 2023.The ballot measure was defeated.

A "yes" vote supported amending the state constitution to increase the mandatory retirement age for state judges and justices from 75 to 79.

A "no" vote opposed increasing the mandatory retirement age of state justices and judges and removing the requirement that if a judge or justice is elected to serve a six-year term and reaches 75 years of age during the first four years of service the justice or judge must vacate the office on December 31 of the fourth year of the term.

Election results

Texas Proposition 13
Result		Votes	Percentage
Yes		932,834	37.31%
No		1,567,129	62.69%

Results are officially certified.

Source

Overview

How would this amendment have changed the mandatory judicial retirement age?

See also: Text of measure

In Texas, state judges are required to retire at age 75. This is known as the mandatory retirement age and is set in the state constitution. The amendment would have increased the mandatory retirement age for state judges and justices from 75 to 79. It would also have increased the minimum retirement age from 70 to 75.

Texas adopted the mandatory retirement age in 1965 with the approval of Proposition 8. The retirement age has been 75 years since its adoption. In 2007, Texans approved Proposition 14, which allowed judges elected to serve a six-year term but that reach 75 years of age during the first four years of service to serve until December 31 of the fourth year of the term. This provision would have been repealed.

Who supported and opposed the amendment?

See also: Support and Opposition

Statutory Probate Judges of Texas, Texans for Lawsuit Reform, Texas Association of Retired, Senior, and Former Judges, Inc., Texas Civil Justice League, Texas Trial Lawyers Association, and Texas Watch registered in support of the amendment. Judge Doug Woodburn (Texas 108th District Court) said, "Things have changed. People live longer now. People stay healthy and are more capable now than they might have been many years ago when that constitutional provision was originally written. We do a lot better than we used to."

State Rep. Steve Toth (R-15), who voted against the amendment, said, "The Judiciary has garnered more authority than our Founders had ever anticipated. Turnover is a good thing in government, especially in the Judiciary."

Do other states have a mandatory retirement age for state judges?

See also: Mandatory judicial retirement ages by state

At the time of the election, 31 states and the District of Columbia set mandatory retirement ages. In 2002, Vermont established the highest mandatory retirement age at 90. Seventeen states set their retirement age at 70 years old, four states set their age at 72, one state set it at 73, eight states set it at 75, and one state set it at 90.

Text of measure

Ballot title

The ballot title was as follows:

“

The constitutional amendment to increase the mandatory age of retirement for state justices and judges.

”

Constitutional changes

See also: Article 5, Texas Constitution

The measure would have amended section 1-a of Article 5 of the state constitution. The following underlined text would have added, and struck-through text would have deleted:

1-a (1) Subject to the further provisions of this Section, the Legislature shall provide for the retirement and compensation of Justices and Judges of the Appellate Courts and District and Criminal District Courts on account of length of service, age and disability, and for their reassignment to active duty where and when needed. The office of every such Justice and Judge shall become vacant on the expiration of the term during which the incumbent reaches the age of 79 seventy-five (75) years or such earlier age, not less than 75 seventy (70) years, as the Legislature may prescribe, except that if a Justice or Judge elected to serve or fill the remainder of a six-year term reaches the age of seventy-five (75) years during the first four years of the term, the office of that Justice or Judge shall become vacant on December 31 of the fourth year of the term to which the Justice or Judge was elected.

Readability score

See also: Ballot measure readability scores, 2023

Using the Flesch-Kincaid Grade Level (FKGL) and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title for this measure. Readability scores are designed to indicate the reading difficulty of text. The Flesch-Kincaid formulas account for the number of words, syllables, and sentences in a text; they do not account for the difficulty of the ideas in the text. The state legislature wrote the ballot language for this measure.

The FKGL for the ballot title is grade level 14, and the FRE is 22. The word count for the ballot title is 15.

Support

Supporters

Organizations

• Associated Builders and Contractors of Texas
• Oldham County Attorneys Office
• Statutory Probate Judges of Texas
• Texans for Lawsuit Reform
• Texas Association of Retired, Senior, and Former Judges, Inc.
• Texas Civil Justice League
• Texas Trial Lawyers Association
• Texas Trucking Association
• Texas Watch

Arguments

• Judge Doug Woodburn, who serves on Texas 108th District Court: "Things have changed. People live longer now. People stay healthy and are more capable now than they might have been many years ago when that constitutional provision was originally written. We do a lot better than we used to."
• Jack Walker, vice president of Texas Trial Lawyers Association: "We will likely be losing some great jurists with decades of experience and stable judgment. We also have the benefit of electing our judges in Texas, thus any instability issues with a particular judge can be taken care of by our electorate."

Opposition

Opponents

Organizations

• Texans for Fiscal Responsibility
• Texas Eagle Forum
• True Texas Project

Arguments

• State Rep. Steve Toth (R-15): "The Judiciary has garnered more authority than our Founders had ever anticipated. Turnover is a good thing in government, especially in the Judiciary."
• True Texas Project: "The legislation says 'expiration of the term during which the incumbent reaches the age of 79 years or such earlier age, not less than 75 years.' As a result, some judges could serve into their 80s since the retirement is required, not when the judge turns 79, but at the expiration of the term in which he/she turns 79. Extending this retirement age is a severe roadblock to young attorneys challenging long-term incumbent judges."

Campaign finance

See also: Campaign finance requirements for Texas ballot measures

If you are aware of a committee registered to support or oppose this amendment, please email editor@ballotpedia.org.

	Cash Contributions	In-Kind Contributions	Total Contributions	Cash Expenditures	Total Expenditures
Support	$0.00	$0.00	$0.00	$0.00	$0.00
Oppose	$0.00	$0.00	$0.00	$0.00	$0.00

Media editorials

See also: 2023 ballot measure media endorsements

Ballotpedia identified the following media editorial boards as taking positions on the proposition.

Ballotpedia lists the positions of media editorial boards that support or oppose ballot measures. This does not include opinion pieces from individuals or groups that do not represent the official position of a newspaper or media outlet. Ballotpedia includes editorials from newspapers and outlets based on circulation and readership, political coverage within a state, and length of publication. You can share media editorial board endorsements with us at editor@ballotpedia.org.

Support

• Houston Chronicle Editorial Board: "Prop 13, Raise judges’ retirement age: For. Raising the mandatory retirement age from 75 to 79 will allow respected judges to help reduce court backlogs. Age shouldn’t be the sole determining factor of a senior judge’s competence."
• San Antonio Express-News Editorial Board: "Proposition 13: This would raise the mandatory retirement window of state judges from 70-75 to 75-79. Elections will still give voters the power to remove judges and the Judicial Conduct Commission exists to address the competency of judges. Our view: For."
• The Dallas Morning News Editorial Board: "RECOMMENDATION: Yes. By 2030, the number of people 75 and older in the labor force is expected to rise 96.5%, according to the U.S. Bureau of Labor Statistics. Under current law, Texas judges and justices are required to retire at that age."
• The Austin Chronicle Editorial Board: "Older Judges Allowed: Yes. Proposition 13 would raise the age at which state judges are required to retire from 75 to 79. As 84-year-old federal Judge David Hittner recently demonstrated in placing a temporary restraining order on the state's anti-drag bill, older judges can do a lot of good."

Opposition

• Fort Worth Star-Telegram Editorial Board: "This would increase the mandatory retirement age for state judges from 75 to 79. That would probably help with staffing issues, but in the era of decrepit senators and octogenarian presidential candidates, let’s chip away at the gerontocracy. Recommendation: Against."
• Austin American-Statesman Editorial Board: "Retired state judges already have the ability to keep working at any age — as visiting judges. At the same time, maintaining a retirement age of 75 helps ensure opportunities for the next generation to join the bench, cultivating a continually strong judiciary. We see no reason to change the status quo. Vote 'No.'"

Background

Ballot measures related to mandatory retirement ages for judges in Texas

See also: Texas Proposition 8 (1965) and Texas Proposition 14 (2007)

In 1965, Texas voters approved Proposition 8 adopting a mandatory retirement age for state judges and justices of 75 years of age. Proposition 8 was approved with 72.6% of the vote. In 2007, Texans approved Proposition 14, which allowed judges elected to serve a six-year term but that reach 75 years of age during the first four years of service to serve until December 31 of the fourth year of the term. Proposition 14 was approved with 75% of the vote.

Mandatory judicial retirement ages by state

See also: Mandatory retirement

Mandatory retirement is the compulsory retirement of judges who have reached a specific age determined by a state's constitution. Thirty-one states and the District of Columbia have set mandatory retirement ages as of 2023. In 2003, Vermont established the highest mandatory retirement age at 90 years old.

List of states

State	Mandatory retirement age	Additional information
Alabama	70	Judges may finish the final term during which they turn 70.
Alaska	70
Arizona	70
Arkansas	Judges who do not retire at 70 lose all earned retirement benefits.	No retirement age; however, judges lose their earned retirement benefits if they choose to seek re-election past age 70.
California	-	No retirement age
Colorado	72
Connecticut	70
Delaware	-	No retirement age
District of Columbia	74
Florida	75	Judges may finish the final term if more than one-half has been served at age 75.
Georgia	-	No retirement age
Hawaii	70
Idaho	-	No retirement age
Illinois	-	Used to be 75, but law was struck down by Illinois Supreme Court in 2009
Indiana	75	No limit for superior court and county court judges.
Iowa	72
Kansas	75	Judges may finish the final term during which they turn 75
Kentucky	-	No retirement age
Louisiana	70	Judges may finish the final term during which they turn 70
Maine	-	No retirement age
Maryland	70
Massachusetts	70
Michigan	70	Judges may finish the final term during which they turn 70.
Minnesota	70	Judges must retire the last day of the month in which they have turned 70
Mississippi	-	No retirement age
Missouri	70/75	Judges other than municipal judges must retire at 70. Municipal judges must retire at 75.
Montana	-	No retirement age
Nebraska	-	No retirement age
Nevada	-	No retirement age
New Hampshire	70
New Jersey	70	Judges serving as Administrative Director of the Courts may apply to defer retirement.
New Mexico	-	No retirement age
New York	70	Judges may finish out year they turn 70. There is no retirement limit for Town and Village Courts.
North Carolina	72	Judges must retire the last day of the month in which they have turned 72
North Dakota	Judges who do not retire at 73 lose all earned retirement benefits.	No retirement age; however, judges lose their earned retirement benefits if they do not apply for retirement before turning 73.
Ohio	70	Judges may finish the final term during which they turn 70
Oklahoma	-	No retirement age; limit may be established by statute.
Oregon	75	Limit may be reduced to as low as 70 by statute or initiative.
Pennsylvania	75	Judges may finish out year they turn 75.
Rhode Island	-	No retirement age
South Carolina	72	No limit for Probate or Municipal Court judges.
South Dakota	70	Judges that turn 70 may serve until the first Tuesday following a Monday of the year following the next state legislature election.
Tennessee	-	No retirement age
Texas	75	Conditions may vary. See Article 5 for more information
Utah	75
Vermont	90	Judges may finish out year they turn 90.
Virginia	73	Judge will be retired 20 days after the regular session of the General Assembly following birthday.
Washington	75	Judges may finish out year they turn 75.
West Virginia	-	No retirement age
Wisconsin	-	The Wisconsin Blue Book 2005-2006 states: "Wisconsin used to have a mandatory retirement age for judges and justices. From 1955 to 1978, judges and justices had to retire at age 70. Since 1977, the Wisconsin Constitution has authorized the legislature to impose a maximum age of no less than 70, but the legislature has not done so."
Wyoming	70

Ballot measures related to mandatory retirement

Ballotpedia tracked 12 ballot measures related to mandatory retirement ages for judges between 1952 and 2022. Seven were approved, and five were defeated.

Year	Measure	Description	Outcome	Yes %	No %
2022	Wyoming Constitutional Amendment B	Would have increased the judicial retirement age from 70 to 75 for state supreme court justices and district court judges	d	39.2%	60.8%
2016	Oregon Measure 94	Would have repealed the mandatory retirement age of 75	d	37.0%	63.0%
2016	Pennsylvania Judicial Retirement Age Amendment	Increased from 70 to 75 for Supreme Court justices, judges, and justices of the peace	a	51.1%	48.9%
2014	Hawaii Amendment 3	Would have increased the mandatory age of retirement for judges and justices from 70 to 80	d	22.0%	72.8%
2014	Louisiana Amendment 5	Would have eliminated all mandatory age-based retirement requirements for state judges	d	41.8%	58.2%
2013	New York Proposal 6	Would have increased mandatory retirement age from 70 to 80	d	41.8%	58.2%
2011	Ohio Issue 1	Would have increased mandatory retirement age from 70 to 76	d	38.0%	62.0%
2007	Texas Proposition 14	Permitted a justice or judge to serve the remainder of their term despite reaching the mandatory age for retirement	a	75.0%	25.0%
2002	Vermont Retirement Age for Judges Amendment	Authorized the legislature to pass mandatory retirement requirements to any age 70 or above	a	64.2%	35.8%
1995	Louisiana Mandatory Age of Retirement for Judges Amendment	Would have increased mandatory retirement age from 70 to 75	d	37.7%	62.3%
1977	Wisconsin Question 5	Authorized the legislature to pass mandatory retirement requirements to any age 70 or above	a	67.5%	32.5%
1952	Washington HJR 6	Established mandatory retirement at 75 years old but authorized the state legislature to lower it	a	74.1%	25.9%

Path to the ballot

See also: Amending the Texas Constitution

To put a legislatively referred constitutional amendment before voters, a two-thirds (66.67%) vote is required in both the Texas State Senate and the Texas House of Representatives.

This amendment was introduced as House Joint Resolution 107 on March 3, 2023. On April 26, 2023, the state House passed HJR 107 by a vote of 141-5 with four not voting. The state Senate passed HJR 107 on May 15 by a vote of 27-4.

Vote in the Texas House of Representatives April 26, 2023
Requirement: Two-thirds (66.67 percent) vote of all members in each chamber
Number of yes votes required: 100  a
	Yes	No	Not voting
Total	141	5	4
Total percent	94.0%	3.3%	2.7%
Democrat	63	0	1
Republican	78	5	3

Vote in the Texas State Senate May 15, 2023
Requirement: Two-thirds (66.67 percent) vote of all members in each chamber
Number of yes votes required: 21  a
	Yes	No	Not voting
Total	27	4	0
Total percent	87.1%	12.9%	0.0%
Democrat	12	0	0
Republican	15	4	0

See also

2023 measures

• 2023 ballot measures
• State judiciary on the ballot
• 2023 legislative sessions

Texas

• Texas ballot measures
• Texas ballot measure laws

News and analysis

• Ballot measure lawsuits
• Ballot measure readability
• Ballot measure polls

How to cast a vote

See also: Voting in Texas

Click "Show" to learn more about voter registration, identification requirements, and poll times in Texas.

How to cast a vote in Texas

Poll times In Texas, all polling places are open from 7 a.m. to 7 p.m. Central Time. An individual who is in line at the time polls close must be allowed to vote. Texas is divided between Central and Mountain time zones. Registration Check your voter registration status here. To register to vote in Texas, an applicant must be a United States citizen, a resident of the county in which he or she is registering, and at least 17 years and 10 months old. The deadline to register to vote is 30 days before the election. Prospective voters can request a postage-paid voter registration form online or complete the form online and return it to the county voter registrar. Applications are also available at a variety of locations including the county voter registrar’s office, the secretary of state’s office, libraries, and high schools. Voter registration certificates are mailed to newly registered voters. Automatic registration Texas does not practice automatic voter registration. Online registration See also: Online voter registration Texas does not permit online voter registration. Same-day registration Texas does not allow same-day voter registration. Residency requirements Prospective voters must reside in the county in which they are registering to vote. Verification of citizenship See also: Laws permitting noncitizens to vote in the United States Texas does not require proof of citizenship for voter registration. Section 18.068 of the Texas Election Code says the following: “ The secretary of state shall quarterly compare the information received under Section 16.001 of this code and Section 62.113, Government Code, to the statewide computerized voter registration list. If the secretary determines that a voter on the registration list is deceased or has been excused or disqualified from jury service because the voter is not a citizen, the secretary shall send notice of the determination to the voter registrar of the counties considered appropriate by the secretary. ” —Section 18.068, Texas Election Code In January 2019, the Texas secretary of state’s office announced that it would be providing local election officials with a list of registered voters who obtained driver’s licenses or IDs with documentation such as work visas or green cards. Counties would then be able to require voters on the list to provide proof of citizenship within 30 days. The review was halted by a federal judge in February 2019, and Secretary of State David Whitley rescinded the advisory in April. A news release from Whitley’s office stated that “... going forward, the Texas Secretary of State's office will send to county voter registrars only the matching records of individuals who registered to vote before identifying themselves as non-U.S. citizens to DPS when applying for a driver's license or personal identification card. This will ensure that naturalized U.S. citizens who lawfully registered to vote are not impacted by this voter registration list maintenance process.” Verifying your registration The Texas Secretary of State’s office allows residents to check their voter registration status online by visiting this website. Voter ID requirements Texas requires voters to present photo identification while voting. The following list of accepted ID was current as of February 2023. Click here for the Texas Secretary of State's page on accepted ID to ensure you have the most current information. Texas driver’s license issued by the Texas Department of Public Safety (DPS) Texas Election Identification Certificate issued by DPS Texas Personal Identification Card issued by DPS Texas handgun license issued by DPS United States Military Identification Card containing the person’s photograph United States Citizenship Certificate containing the person’s photograph United States passport (book or card) Identification provided by voters aged 18-69 may be expired for no more than four years before the election date. Voters aged 70 and older can use an expired ID card regardless of how long ago the ID expired. Voters who are unable to provide one of the ID options listed above can sign a Reasonable Impediment Declaration and provide one of the following supporting documents: Copy or original of a government document that shows the voter’s name and an address, including the voter’s voter registration certificate Copy of or original current utility bill Copy of or original bank statement Copy of or original government check Copy of or original paycheck Copy of or original of (a) a certified domestic (from a U.S. state or territory) birth certificate or (b) a document confirming birth admissible in a court of law which establishes the voter’s identity (which may include a foreign birth document) The following voters are exempt from showing photo ID: Voters with a disability Voters with a disability "may apply with the county voter registrar for a permanent exemption to presenting an acceptable photo identification or following the Reasonable Impediment Declaration procedure in the county." Voters who have a religious objection to being photographed Voters who do not have a photo ID can obtain a Texas Election Identification Certificate (EIC) at any Texas driver’s license office during regular business hours. Voters can also obtain an Election Identification Certificate from a mobile station. Locations are listed here.

External links

• Texas House Joint Resolution 107