S.J.R. 1
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SENATE JOINT RESOLUTION NO. 1–SENATOR TITUS
PREFILED JANUARY 23, 2023
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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-515)
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:
The Nevada Constitution provides that, in an election, the person having the 1
highest number of votes for an office shall be declared elected. (Nev. Const. Art. 5, 2
§ 4) 3
This joint resolution proposes to amend the Nevada Constitution to provide that 4
if an incumbent justice of the Nevada Supreme Court or incumbent judge of the 5
Nevada Court of Appeals or a district court is seeking election to the office that he 6
or she holds and is not opposed by another candidate, then the ballot for that office 7
must offer a voter only the choice to retain or not retain the justice or judge. If the 8
number of votes for retaining the justice or judge is greater than the number of 9
votes against retaining the justice or judge, then the justice or judge shall be 10
declared elected. If the number of votes against retaining the justice or judge is 11
greater than the number of votes for retaining the justice or judge, then: (1) no 12
person shall be declared elected for the office; and (2) the office must be filled in 13
accordance with the existing constitutional provisions for filling a vacancy that 14
occurs before the expiration of a term of office. 15
RESOLVED BY THE SENATE AND ASSEMBLY OF THE STATE OF 1
NEVADA, JOINTLY, That Section 4 of Article 5 of the Nevada 2
Constitution be amended to read as follows: 3
[Section] Sec. 4. The returns of every election for 4
United States senator and member of Congress, district and 5
state officers, and for and against any questions submitted to 6
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the electors of the State of Nevada, voted for at the general 1
election, shall be sealed up and transmitted to the seat of 2
government, directed to the secretary of state . [, and the] The 3
chief justice of the supreme court, and the associate justices, 4
or a majority thereof, shall meet at the office of the secretary 5
of state, on a day to be fixed by law, and open and canvass 6
the election returns for United States senator and member of 7
Congress, district and state officers, and for and against any 8
questions submitted to the electors of the State of Nevada, 9
and forthwith declare the result and publish the names of the 10
persons elected and the results of the vote cast upon any 11
question submitted to the electors of the State of Nevada. 12
[The] Except as otherwise provided in this section, the 13
persons having the highest number of votes for the respective 14
offices shall be declared elected, but in case any two or more 15
have an equal and the highest number of votes for the same 16
office, the legislature shall, by joint vote of both houses, elect 17
one of said persons to fill said office. If, in an election for a 18
judicial office in the Supreme Court, the court of appeals or 19
a district court, an incumbent justice or judge, as applicable, 20
is not opposed by another candidate and the number of 21
votes for retaining the justice or judge is greater than the 22
number of votes against retaining the justice or judge, then 23
the justice or judge shall be declared elected, but if the 24
number of votes against retaining the justice or judge is 25
greater than the number of votes for retaining the justice or 26
judge, then no person shall be declared elected for the office 27
and the office must be filled for the term to which the 28
election pertains in accordance with the provisions of 29
Section 20 of Article 6 as if the vacancy had occurred before 30
the expiration of the term of the office. 31
And be it further 32
RESOLVED, That Section 3 of Article 6 of the Nevada 33
Constitution be amended to read as follows: 34
[Sec:] Sec. 3. The justices of the Supreme Court [,] shall 35
be elected by the qualified electors of the State at the general 36
election, and shall hold office for the term of six years from 37
and including the first Monday of January next succeeding 38
their election; provided, that there shall be elected, at the first 39
election under this Constitution, three justices of the Supreme 40
Court who shall hold office from and including the first 41
Monday of December A.D., eighteen hundred and sixty four, 42
and continue in office thereafter, two, four and six years 43
respectively, from and including the first Monday of January 44
next suceeding [succeeding] their election. They shall meet as 45
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soon as practicable after their election and qualification, and 1
at their first meeting shall determine by lot, the term of office 2
each shall fill, and the justice drawing the shortest term shall 3
be Chief Justice, and after the expiration of his term, the one 4
having the next shortest term shall be Chief Justice, after 5
which the senior justice in commission shall be Chief Justice; 6
and in case the commission of any two or more of said 7
justices shall bear the same date, they shall determine by lot, 8
who shall be Chief Justice. If an incumbent justice seeks 9
election to the office that he or she holds and is not opposed 10
by another candidate, then the ballot for the election of that 11
office must offer a voter only the choice to “Retain” or “Not 12
Retain” the incumbent justice. 13
And be it further 14
RESOLVED, That Section 3A of Article 6 of the Nevada 15
Constitution be amended to read as follows: 16
Sec. 3A. 1. The court of appeals consists of three 17
judges or such greater number as the Legislature may provide 18
by law. If the number of judges is so increased, the Supreme 19
Court must provide by rule for the assignment of each appeal 20
to a panel of three judges for decision. 21
2. After the initial terms, each judge of the court of 22
appeals must be elected by the qualified electors of this State 23
at the general election for a term of 6 years beginning on the 24
first Monday of January next after the election. The initial 25
three judges of the court of appeals must be appointed by the 26
Governor from among three nominees selected for each 27
individual seat by the permanent Commission on Judicial 28
Selection described in subsection 3 of section 20 of this 29
Article. After the expiration of 30 days from the date on 30
which the permanent Commission on Judicial Selection has 31
delivered to the Governor its list of nominees for the initial 32
judges, if the Governor has not made the appointments 33
required by this Section, the Governor shall make no other 34
appointment to any public office until the Governor has 35
appointed a judge from the list submitted. The term of the 36
initial judges is 2 years beginning on the first Monday of 37
January next after the effective date of this Section, and an 38
initial judge may succeed himself. If an incumbent judge 39
seeks election to the office that he or she holds and is not 40
opposed by another candidate, then the ballot for the 41
election of that office must offer a voter only the choice to 42
“Retain” or “Not Retain” the incumbent judge. If there is an 43
increase in the number of judges, each additional judge must 44
be elected by the qualified electors of this State at the first 45
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general election following the increase for a term of 6 years 1
beginning on the first Monday of January next after the 2
election. 3
3. The Chief Justice of the Supreme Court shall appoint 4
one of the judges of the court of appeals to be chief judge. 5
The chief judge serves a term of 4 years, except that the term 6
of the initial chief judge is 2 years. The chief judge may 7
succeed himself. The chief judge may resign the position of 8
chief judge without resigning from the court of appeals. 9
4. The Supreme Court shall provide by rule for the 10
assignment of one or more judges of the court of appeals to 11
devote a part of their time to serve as supplemental district 12
judges, where needed. 13
And be it further 14
RESOLVED, That Section 5 of Article 6 of the Nevada 15
Constitution be amended to read as follows: 16
Sec. 5. The State is hereby divided into nine judicial 17
districts of which the County of Storey shall constitute the 18
First; The County of Ormsby the Second; the County of Lyon 19
the Third; The County of Washoe the Fourth; The Counties of 20
Nye and Churchill the Fifth; The County of Humboldt the 21
Sixth; The County of Lander the Seventh; The County of 22
Douglas the Eighth; and the County of Esmeralda the Ninth. 23
The County of Roop shall be attached to the County of 24
Washoe for judicial purposes until otherwise provided by 25
law. The Legislature may, however, provide by law for an 26
alteration in the boundaries or divisions of the districts herein 27
prescribed, and also for increasing or diminishing the number 28
of the judicial districts and judges therein. But no such 29
change shall take effect, except in case of a vacancy, or the 30
expiration of the term of an incumbent of the office. At the 31
first general election under this Constitution there shall be 32
elected in each of the respective districts (except as in this 33
Section hereafter otherwise provided) one district judge, who 34
shall hold office from and including the first Monday of 35
December A.D., eighteen hundred and sixty four and until the 36
first Monday of January in the year eighteen hundred and 37
sixty seven. After the said first election, there shall be elected 38
at the general election which immediately precedes the 39
expiration of the term of his predecessor, one district judge in 40
each of the respective judicial districts (except in the First 41
District as in this Section hereinafter provided.) The district 42
judges shall be elected by the qualified electors of their 43
respective districts, and shall hold office for the term of 6 44
years (excepting those elected at said first election) from and 45
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including the first Monday of January, next succeeding their 1
election and qualification; provided, that the First Judicial 2
District shall be entitled to, and shall have three district 3
judges, who shall possess co-extensive and concurrent 4
jurisdiction, and who shall be elected at the same times, in the 5
same manner, and shall hold office for the like terms as 6
herein prescribed, in relation to the judges in other judicial 7
districts, any one of said judges may preside on the 8
empanneling [empaneling] of grand juries and the 9
presentment and trial on indictments, under such rules and 10
regulations as may be prescribed by law. If an incumbent 11
judge seeks election to the office that he or she holds and is 12
not opposed by another candidate, then the ballot for the 13
election of that office must offer a voter only the choice to 14
“Retain” or “Not Retain” the incumbent judge. 15
And be it further 16
RESOLVED, That this resolution becomes effective upon 17
passage. 18
H