SJR 2

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                                                                                                         S.J.R. 2
              SENATE JOINT RESOLUTION NO. 2–SENATOR TITUS
                                  PREFILED JANUARY 13, 2025
                                        ____________
     Referred to Committee on Legislative Operations and Elections
 SUMMARY—Proposes to amend the Nevada Constitution to revise
         provisions relating to elections involving incumbent
         justices or judges who are unopposed. (BDR C-26)
 FISCAL NOTE: Effect on Local Government: May have Fiscal Impact.
              Effect on the State: Yes.
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  EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
 SENATE JOINT RESOLUTION—Proposing to amend the Nevada
        Constitution to revise provisions relating to elections
        involving incumbent justices or judges who are
        unopposed.
 Legislative Counsel’s Digest:
1      The Nevada Constitution provides that, in an election, the person having the
2 highest number of votes for an office shall be declared elected. (Nev. Const. Art. 5,
3 § 4)
4      This joint resolution proposes to amend the Nevada Constitution to provide that
5 if an incumbent justice of the Nevada Supreme Court or incumbent judge of the
6 Nevada Court of Appeals or a district court is seeking election to the office that he
7 or she holds and is not opposed by another candidate, then the ballot for that office
8 must offer a voter only the choice to retain or not retain the justice or judge. If the
9 number of votes for retaining the justice or judge is greater than the number of
10 votes against retaining the justice or judge, then the justice or judge shall be
11 declared elected. If the number of votes against retaining the justice or judge is
12 greater than the number of votes for retaining the justice or judge, then: (1) no
13 person shall be declared elected for the office; and (2) the office must be filled in
14 accordance with the existing constitutional provisions for filling a vacancy that
15 occurs before the expiration of a term of office.
1   RESOLVED BY THE SENATE AND ASSEMBLY OF THE STATE OF
2 NEVADA, JOINTLY, That Section 4 of Article 5 of the Nevada
3 Constitution be amended to read as follows:
4[Section] Sec. 4. The returns of every election for
5United States senator and member of Congress, district and
6state officers, and for and against any questions submitted to
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1the electors of the State of Nevada, voted for at the general
2election, shall be sealed up and transmitted to the seat of
3government, directed to the secretary of state . [, and the] The
4chief justice of the supreme court, and the associate justices,
5or a majority thereof, shall meet at the office of the secretary
6of state, on a day to be fixed by law, and open and canvass
7the election returns for United States senator and member of
8Congress, district and state officers, and for and against any
9questions submitted to the electors of the State of Nevada,
10and forthwith declare the result and publish the names of the
11persons elected and the results of the vote cast upon any
12question submitted to the electors of the State of Nevada.
13[The] Except as otherwise provided in this section, the
14persons having the highest number of votes for the respective
15offices shall be declared elected, but in case any two or more
16have an equal and the highest number of votes for the same
17office, the legislature shall, by joint vote of both houses, elect
18one of said persons to fill said office. If, in an election for a
19judicial office in the Supreme Court, the court of appeals or
20a district court, an incumbent justice or judge, as applicable,
21is not opposed by another candidate and the number of
22votes for retaining the justice or judge is greater than the
23number of votes against retaining the justice or judge, then
24the justice or judge shall be declared elected, but if the
25number of votes against retaining the justice or judge is
26greater than the number of votes for retaining the justice or
27judge, then no person shall be declared elected for the office
28and the office must be filled for the term to which the
29election pertains in accordance with the provisions of
30Section 20 of Article 6 as if the vacancy had occurred before
31the expiration of the term of the office.
32 And be it further
33   RESOLVED, That Section 3 of Article 6 of the Nevada
34 Constitution be amended to read as follows:
35[Sec:] Sec. 3. The justices of the Supreme Court [,] shall
36be elected by the qualified electors of the State at the general
37election, and shall hold office for the term of six years from
38and including the first Monday of January next succeeding
39their election; provided, that there shall be elected, at the first
40election under this Constitution, three justices of the Supreme
41Court who shall hold office from and including the first
42Monday of December A.D., eighteen hundred and sixty four,
43and continue in office thereafter, two, four and six years
44respectively, from and including the first Monday of January
45next suceeding [succeeding] their election. They shall meet as
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1soon as practicable after their election and qualification, and
2at their first meeting shall determine by lot, the term of office
3each shall fill, and the justice drawing the shortest term shall
4be Chief Justice, and after the expiration of his term, the one
5having the next shortest term shall be Chief Justice, after
6which the senior justice in commission shall be Chief Justice;
7and in case the commission of any two or more of said
8justices shall bear the same date, they shall determine by lot,
9who shall be Chief Justice. If an incumbent justice seeks
10election to the office that he or she holds and is not opposed
11by another candidate, then the ballot for the election of that
12office must offer a voter only the choice to “Retain” or “Not
13Retain” the incumbent justice.
14 And be it further
15   RESOLVED, That Section 3A of Article 6 of the Nevada
16 Constitution be amended to read as follows:
17Sec. 3A. 1. The court of appeals consists of three
18judges or such greater number as the Legislature may provide
19by law. If the number of judges is so increased, the Supreme
20Court must provide by rule for the assignment of each appeal
21to a panel of three judges for decision.
222. After the initial terms, each judge of the court of
23appeals must be elected by the qualified electors of this State
24at the general election for a term of 6 years beginning on the
25first Monday of January next after the election. The initial
26three judges of the court of appeals must be appointed by the
27Governor from among three nominees selected for each
28individual seat by the permanent Commission on Judicial
29Selection described in subsection 3 of section 20 of this
30Article. After the expiration of 30 days from the date on
31which the permanent Commission on Judicial Selection has
32delivered to the Governor its list of nominees for the initial
33judges, if the Governor has not made the appointments
34required by this Section, the Governor shall make no other
35appointment to any public office until the Governor has
36appointed a judge from the list submitted. The term of the
37initial judges is 2 years beginning on the first Monday of
38January next after the effective date of this Section, and an
39initial judge may succeed himself. If an incumbent judge
40seeks election to the office that he or she holds and is not
41opposed by another candidate, then the ballot for the
42election of that office must offer a voter only the choice to
43“Retain” or “Not Retain” the incumbent judge. If there is an
44increase in the number of judges, each additional judge must
45be elected by the qualified electors of this State at the first
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1general election following the increase for a term of 6 years
2beginning on the first Monday of January next after the
3election.
43. The Chief Justice of the Supreme Court shall appoint
5one of the judges of the court of appeals to be chief judge.
6The chief judge serves a term of 4 years, except that the term
7of the initial chief judge is 2 years. The chief judge may
8succeed himself. The chief judge may resign the position of
9chief judge without resigning from the court of appeals.
104. The Supreme Court shall provide by rule for the
11assignment of one or more judges of the court of appeals to
12devote a part of their time to serve as supplemental district
13judges, where needed.
14 And be it further
15   RESOLVED, That Section 5 of Article 6 of the Nevada
16 Constitution be amended to read as follows:
17Sec. 5. The State is hereby divided into nine judicial
18districts of which the County of Storey shall constitute the
19First; The County of Ormsby the Second; the County of Lyon
20the Third; The County of Washoe the Fourth; The Counties of
21Nye and Churchill the Fifth; The County of Humboldt the
22Sixth; The County of Lander the Seventh; The County of
23Douglas the Eighth; and the County of Esmeralda the Ninth.
24The County of Roop shall be attached to the County of
25Washoe for judicial purposes until otherwise provided by
26law. The Legislature may, however, provide by law for an
27alteration in the boundaries or divisions of the districts herein
28prescribed, and also for increasing or diminishing the number
29of the judicial districts and judges therein. But no such
30change shall take effect, except in case of a vacancy, or the
31expiration of the term of an incumbent of the office. At the
32first general election under this Constitution there shall be
33elected in each of the respective districts (except as in this
34Section hereafter otherwise provided) one district judge, who
35shall hold office from and including the first Monday of
36December A.D., eighteen hundred and sixty four and until the
37first Monday of January in the year eighteen hundred and
38sixty seven. After the said first election, there shall be elected
39at the general election which immediately precedes the
40expiration of the term of his predecessor, one district judge in
41each of the respective judicial districts (except in the First
42District as in this Section hereinafter provided.) The district
43judges shall be elected by the qualified electors of their
44respective districts, and shall hold office for the term of 6
45years (excepting those elected at said first election) from and
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1including the first Monday of January, next succeeding their
2election and qualification; provided, that the First Judicial
3District shall be entitled to, and shall have three district
4judges, who shall possess co-extensive and concurrent
5jurisdiction, and who shall be elected at the same times, in the
6same manner, and shall hold office for the like terms as
7herein prescribed, in relation to the judges in other judicial
8districts, any one of said judges may preside on the
9empanneling [empaneling] of grand juries and the
10presentment and trial on indictments, under such rules and
11regulations as may be prescribed by law. If an incumbent
12judge seeks election to the office that he or she holds and is
13not opposed by another candidate, then the ballot for the
14election of that office must offer a voter only the choice to
15“Retain” or “Not Retain” the incumbent judge.
16 And be it further
17    RESOLVED, That this resolution becomes effective upon
18 passage.
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