Section 17-52a-201 - County commission form of government - Commission member elections(1) As used in this section: (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:(i) Subsection (4)(a); or(ii) a county's optional plan under Subsection 17-52a-404(5)(b).(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:(i) Subsection (4)(a); or(ii) a county's optional plan under Subsection 17-52a-404(5)(b).(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).(2) A county commission consisting of three members shall govern each county operating under the county commission form of government.(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 53, Part 2, County Legislative Body, and the powers, duties, and functions of a county executive under Chapter 53, Part 3, County Executive.(4) Except as otherwise provided in an optional plan adopted under this chapter: (a) the term of office of each county commission member is four years;(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(c) each county commission member shall be elected:(i) at large, unless otherwise required by court order; and(ii) subject to the provisions of this section, in accordance with Title 20A, Election Code.(5) Except as provided in Subsection (6):(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";(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(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.(6)(a) A county of the first or second class may, through an optional plan as described in Subsection 17-52a-404(5) or by ordinance, choose to conduct county commissioner elections in accordance with this Subsection (6).(b) When issuing the notice of election required by Subsection 20A-5-101(2), the clerk of an opt-in county shall, if there is at least one open position and at least one midterm vacancy, designate:(i) each open position as "open position"; and(ii) each midterm vacancy as "midterm vacancy."(c) An individual who files a declaration of candidacy for the office of county commissioner in an opt-in county: (i) if there is more than one open position, is not required to indicate which open position the individual is running for;(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(iii) may not file a declaration of candidacy for an open position and a midterm vacancy in the same election.(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.(e) In an opt-in county: (i) the candidates for open positions, in a number equal to the number of open positions, who receive the highest number of votes are:(A) for the purposes of a regular primary election, nominated by the candidates' party for the open positions; and(B) for the purposes of a regular general election, elected to fill the open positions; and(ii) the candidates for midterm vacancies, in a number equal to the number of midterm vacancies, who receive the highest number of votes are:(A) for the purposes of a regular primary election, nominated by the candidates' party for the midterm vacancies; and(B) for the purposes of a regular general election, elected to fill the midterm vacancies.Renumbered from § 17-52-501 and amended by Chapter 68, 2018 General Session ,§ 11, eff. 3/15/2018.Amended by Chapter 54, 2017 General Session ,§ 2, eff. 5/9/2017.Renumbered and Amended by Chapter 133, 2000 General Session.