By the Court, SAITTA, J.:
In this appeal, we address the narrow question of whether the office of district attorney is a state office for the purpose of determining whether district attorneys are subject to term limits under the "state office" portion of Article 15, Section 3(2) of the Nevada Constitution. Reviewing the Constitution as a whole, our resolution of this inquiry is controlled by Article 4, Section 32 of the Constitution, which plainly declares district attorneys to be "county officers." Because Article 4, Section 32 identifies district attorneys as county officers, it follows that the office of district attorney cannot be considered a "state office" for term-limits purposes, and thus, district attorneys are not subject to term limits under the "state office" portion of Article 15, Section 3(2). Accordingly, we affirm the district court's order denying appellant's petition to set aside respondent's election
Respondent Arthur E. Mallory is Churchill County's district attorney. Mallory was first elected to this office in 1998 and was elected to a fourth consecutive four-year term of office in the 2010 general election. Only voters in Churchill County vote for the office of Churchill County District Attorney. Appellant John O'Connor is an elector and registered voter within Churchill County.
Following Mallory's most recent reelection, O'Connor timely filed in district court a proper person petition seeking to set aside Mallory's victory.
This court reviews questions of constitutional interpretation de novo. Lawrence v. Clark County, 127 Nev. ___, ___, 254 P.3d 606, 608 (2011). When interpreting a constitutional provision, we first look to the language itself and will give effect to its plain meaning, unless the provision is ambiguous. Secretary of State v. Burk, 124 Nev. 579, 590, 188 P.3d 1112, 1119-20 (2008). A constitutional provision is considered ambiguous when it is capable of at least two reasonable yet inconsistent interpretations. Id. at 590, 188 P.3d at 1120. When courts engage in constitutional interpretation, the document should be reviewed as a whole in order to ascertain the meaning of any particular provision. Killgrove v. Morriss, 39 Nev. 224, 226-27, 156 P. 686, 687 (1916).
Under Nevada's Constitution, individuals elected to a "state office" or a "local governing body" may only serve for 12 years, unless the Constitution provides otherwise:
Nev. Const. art. 15, § 3(2). This constitutional provision does not act as a wholesale implementation of term limits on all nonjudicial elected governmental officials.
On appeal, O'Connor contends that under Article 15, Section 3(2), Mallory is barred from holding the office of district
Article 4, Section 32 of the Nevada Constitution addresses the Legislature's authority to provide for and abolish certain county offices. More specifically, this section provides, in relevant part, that "[t]he Legislature shall have power to increase, diminish, consolidate or abolish the following county officers: County Clerks, County Recorders, Auditors, Sheriffs, District Attorneys and Public Administrators." Nev. Const. art. 4, § 32. The plain language of Article 4, Section 32 clearly declares that district attorneys are county officers. And because the Nevada Constitution plainly identifies district attorneys as county officers, it necessarily follows that the office of district attorney cannot be considered a "state office," and therefore, district attorneys are not subject to term limits under the "state office" portion of Article 15, Section 3(2).
Both Mallory and the district court are correct that this court's decision in Burk sets forth the generally applicable test for determining whether an elected official is subject to term limits under the "state office" portion of Article 15, Section 3(2). 124 Nev. at 591 n. 38, 188 P.3d at 1120 n. 38. Under Burk, a determination of whether an elected office is considered a "state office" for term-limits purposes turns on whether the office is included in the list of state officers set forth in NRS 293.109
Under Article 4, Section 32 of Nevada's Constitution, district attorneys are county officers, and therefore, the office of district attorney is not subject the term-limits provision of Article 15, Section 3(2). As a result, we affirm the district court's denial of O'Connor's challenge to Mallory's reelection.