{"data":{"id":"us-ut/utah-code-17-62-201","jurisdiction":"us-ut","citation":"Utah Code § 17-62-201","heading":"County commission form of government -- Commission member elections.","body":"(1) As used in this section:\n(a) \"Midterm vacancy\" means a county commission position that is being filled at an election for less than the position's full term as established in:\n(i) Subsection (4)(a); or\n(ii) a county's optional plan under Section 17-62-403.\n(b) \"Open position\" means a county commission position that is being filled at a regular general election for the position's full term as established in:\n(i) Subsection (4)(a); or\n(ii) a county's optional plan under Section 17-62-403.\n(c) \"Opt-in county\" means a county that has, in accordance with Subsection (6)(a), chosen to conduct county commissioner elections in accordance with Subsection (6).\n(2) A county commission consisting of three members shall govern each county operating under the county commission form of government.\n(3) A county commission under a county commission form of government is both the county legislative body and the county executive and has the powers, duties, and functions of a county legislative body under Chapter 64, County Legislative Body, and the powers, duties, and functions of a county executive under Chapter 65, County Executive.\n(4) Except as otherwise provided in an optional plan adopted under this chapter:\n(a) the term of office of each county commission member is four years;\n(b) the terms of county commission members shall be staggered so that two members are elected at a regular general election date that alternates with the regular general election date of the other member; and\n(c) each county commission member shall be elected:\n(i) at large, unless otherwise required by court order; and\n(ii) subject to the provisions of this section, in accordance with Title 20A, Election Code.\n(5) Except as provided in Subsection (6):\n(a) if two county commission positions are vacant for an election, the positions shall be designated \"county commission seat A\" and \"county commission seat B\";\n(b) each candidate who files a declaration of candidacy when two positions are vacant shall designate on the declaration of candidacy form whether the candidate is a candidate for seat A or seat B; and\n(c) no person may file a declaration of candidacy for, be a candidate for, or be elected to two county commission positions in the same election.\n(6)\n(a) A county of the first or second class may, through an optional plan as described in Subsection 17-62-403(5) or by ordinance, choose to conduct county commissioner elections in accordance with this Subsection (6).\n(b) When issuing the notice described in Section 20A-5a-202, the clerk of an opt-in county shall, if there is at least one open position and at least one midterm vacancy, designate:\n(i) each open position as \"open position\"; and\n(ii) each midterm vacancy as \"midterm vacancy.\"\n(c) An individual who files a declaration of candidacy for the office of county commissioner in an opt-in county:\n(i) if there is more than one open position, is not required to indicate which open position the individual is running for;\n(ii) if there is at least one open position and at least one midterm vacancy, shall designate on the declaration of candidacy whether the individual is filing for an open position or a midterm vacancy; and\n(iii) may not file a declaration of candidacy for an open position and a midterm vacancy in the same election.\n(d) If there is an open position and a midterm vacancy being voted upon in the same election in an opt-in county, the county clerk shall indicate on the ballot for the election which positions are open positions and which positions are midterm vacancies.\n(e) In an opt-in county:\n(i) the candidates for open positions, in a number equal to the number of open positions, who receive the highest number of votes are:\n(A) for the purposes of a regular primary election, nominated by the candidates' party for the open positions; and\n(B) for the purposes of a regular general election, elected to fill the open positions; and\n(ii) the candidates for midterm vacancies, in a number equal to the number of midterm vacancies, who receive the highest number of votes are:\n(A) for the purposes of a regular primary election, nominated by the candidates' party for the midterm vacancies; and\n(B) for the purposes of a regular general election, elected to fill the midterm vacancies.","path":["Title 17 Counties","Chapter 17-62 Forms of County Government","Part 17-62-2 Permissible Forms of County Government"],"source_url":"https://le.utah.gov/xcode/Title17/Chapter62/17-62-S201.html","current_through":"2026 General Session","vintage":"","retrieved_at":"2026-09-03T11:34:33Z","sha256":"a227f0b98a6aa96366fb2d3d3e8872b65acb9741e6d47953f55d1b4b01dedde9","source_id":"us-ut","stale":false,"prev":"us-ut/utah-code-17-62-102","next":"us-ut/utah-code-17-62-202"},"notice":"GroundRules: Original legal text. Not legal advice."}