§ 17-62-404 — Plan may propose changing forms of county government -- Partisan elections.

(1) (1)(a) The optional plan proponent described in Subsection 17-62-403(1) shall ensure that each optional plan proposes changing the form of county government to:
(1)(a)(i) for a county of the first, second, third, or fourth class:
(1)(a)(i)(A) the county commission form under Section 17-62-201;
(1)(a)(i)(B) the expanded county commission form under Section 17-62-202;
(1)(a)(i)(C) the county executive and council form under Section 17-62-203; or
(1)(a)(i)(D) the council-manager form under Section 17-62-204; and
(1)(a)(ii) for a county of the fifth or sixth class:
(1)(a)(ii)(A) the county commission form under Section 17-62-201; or
(1)(a)(ii)(B) the expanded county commission form under Section 17-62-202.
(1)(b) The optional plan proponent described in Subsection 16-62-403(1) may not recommend an optional plan that:
(1)(b)(i) proposes changing the form of government to a form not authorized in Subsection (1)(a);
(1)(b)(ii) provides for the nonpartisan election of elected officers;
(1)(b)(iii) imposes a limit on the number of terms or years that an elected officer may serve;
(1)(b)(iv) provides for elected officers to be subject to a recall election; or
(1)(b)(v) provides, in a county with a population of 225,000 or more, for a full-time county commission in an expanded county commission form of government under Section 17-62-202.
(2) A county that provides for the election of the county's elected officers through a partisan election may not change to a process that provides for the election of the county's elected officers through a nonpartisan election.

Legislative History

Renumbered and Amended by Chapter 13, 2025 Special Session 1