The Nevada Constitution provides that, in an election, the person having the highest number of votes for an office shall be declared elected. (Nev. Const. Art. 5, § 4)
This joint resolution proposes to amend the Nevada Constitution to provide that if an incumbent justice of the Nevada Supreme Court or incumbent judge of the Nevada Court of Appeals or a district court is seeking election to the office that he or she holds and is not opposed by another candidate, then the ballot for that office must offer a voter only the choice to retain or not retain the justice or judge. If the number of votes for retaining the justice or judge is greater than the number of votes against retaining the justice or judge, then the justice or judge shall be declared elected. If the number of votes against retaining the justice or judge is greater than the number of votes for retaining the justice or judge, then: (1) no person shall be declared elected for the office; and (2) the office must be filled in accordance with the existing constitutional provisions for filling a vacancy that occurs before the expiration of a term of office.