The resolution proposes an amendment to Article VI, Section 38 of the Arizona Constitution, which pertains to the retention elections of justices and judges. The amendment outlines the process for justices and judges of the supreme court and intermediate appellate courts to file a declaration of candidacy for retention in office. It specifies that these declarations must be filed with the Secretary of State or the clerk of the board of supervisors, depending on the court, at least 90 days but no more than 120 days before the regular general election preceding the expiration of their term. The amendment also establishes the format for the retention ballot, which will ask voters whether the justice or judge should be retained in office.
If a majority of voters choose "No," a vacancy will occur at the end of the justice's or judge's term, which will be filled according to the provisions of the article. Conversely, if the majority votes "Yes," the justice or judge will remain in office for another term. Additionally, if a justice or judge fails to file the required declaration, their office will become vacant at the end of their term. The Secretary of State is tasked with submitting this proposition to voters at the next general election.