§ 17-62-201 — County commission form of government -- Commission member elections.

(1) As used in this section:
(1)(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:
(1)(a)(i) Subsection (4)(a); or
(1)(a)(ii) a county's optional plan under Section 17-62-403.
(1)(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:
(1)(b)(i) Subsection (4)(a); or
(1)(b)(ii) a county's optional plan under Section 17-62-403.
(1)(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 64, County Legislative Body, and the powers, duties, and functions of a county executive under Chapter 65, County Executive.
(4) Except as otherwise provided in an optional plan adopted under this chapter:
(4)(a) the term of office of each county commission member is four years;
(4)(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
(4)(c) each county commission member shall be elected:
(4)(c)(i) at large, unless otherwise required by court order; and
(4)(c)(ii) subject to the provisions of this section, in accordance with Title 20A, Election Code.
(5) Except as provided in Subsection (6):
(5)(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";
(5)(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
(5)(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) (6)(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).
(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:
(6)(b)(i) each open position as "open position"; and
(6)(b)(ii) each midterm vacancy as "midterm vacancy."
(6)(c) An individual who files a declaration of candidacy for the office of county commissioner in an opt-in county:
(6)(c)(i) if there is more than one open position, is not required to indicate which open position the individual is running for;
(6)(c)(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
(6)(c)(iii) may not file a declaration of candidacy for an open position and a midterm vacancy in the same election.
(6)(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.
(6)(e) In an opt-in county:
(6)(e)(i) the candidates for open positions, in a number equal to the number of open positions, who receive the highest number of votes are:
(6)(e)(i)(A) for the purposes of a regular primary election, nominated by the candidates' party for the open positions; and
(6)(e)(i)(B) for the purposes of a regular general election, elected to fill the open positions; and
(6)(e)(ii) the candidates for midterm vacancies, in a number equal to the number of midterm vacancies, who receive the highest number of votes are:
(6)(e)(ii)(A) for the purposes of a regular primary election, nominated by the candidates' party for the midterm vacancies; and
(6)(e)(ii)(B) for the purposes of a regular general election, elected to fill the midterm vacancies.

Legislative History

Renumbered and Amended by Chapter 13, 2025 Special Session 1