17-61-401. Creating a new county -- Petition -- Certification of petition signatures -- Removal of signature -- Election -- Ballots.

734 words·~3 min read·/ut/title-17/chapter-61/17-61-401

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/25/2026

(a)Whenever a voter desires to have the territory within which the voter resides created into a new county, the voter may file a petition for the creation of a new county with the county legislative body of the seceding county in which the voter resides as described in this section.

(b)The first page of a petition described in this section shall include the following statement in at least the same size type as the majority of the other statements on the page:

"WARNING TO SIGNERS WITH PRIVATE VOTER REGISTRATION RECORDS

If you sign this petition, your voter identification number and the date you signed may be publicly disclosed. This disclosure may occur even if you are an at-risk voter with a voter registration record that has been classified as a private record."

(a)The petition described in Subsection

(1)shall:

(i)propose the name and define the boundaries of the new county; and

(ii)be signed:

(A)by at least one-fourth of the voters residing in the portion of the seceding county proposed to be created into a new county; and

(B)by no less than one-fourth of the voters residing in the remaining portion of the seceding county.

(b)If a petition proposes to take territory from more than one seceding county, the requirements of Subsection (2)(a)(ii) apply to each seceding county affected by the petition.

(c)The number of voters residing in a portion of the county is the same as the number of active voters, as defined in Section 20A-7-501 , for that area.

(3)A voter shall file a petition for the creation of a new county on or before the first Monday in May of any year with the county legislative body of the seceding county.

(a)Within three business days after the day on which a county legislative body receives a petition, the county legislative body shall provide the petition to the county clerk.

(b)Within 14 days after the day on which a county clerk receives a petition from the county legislative body under Subsection (4)(a) , the county clerk shall:

(i)use the procedures described in Section 20A-1-1002 to determine whether the petition satisfies the requirements of Subsection

(2);

(ii)certify on the petition whether each name is that of a registered voter in the seceding county; and

(iii)deliver the certified petition to the county legislative body.

(a)An individual who signs a petition under this section may have the individual's signature removed from the petition by, no later than three business days after the day on which the county legislative body provides the petition to the county clerk, submitting to the county clerk a statement requesting that the individual's signature be removed.

(b)A statement described in Subsection (5)(a) shall comply with the requirements described in Subsection 20A-1-1003(2) .

(c)The county clerk shall use the procedures described in Subsection 20A-1-1003(3) to determine whether to remove an individual's signature from a petition after receiving a timely, valid statement requesting removal of the signature.

(6)The seceding county legislative body shall cause the proposition to be submitted to the voters residing in the seceding county at a special election to be held according to the dates established in Section 20A-1-204 , first causing 30 days' notice of the election to be given in the manner provided by law for giving notice of general elections.

(7)The county clerk shall ensure that the special election is held, the result canvassed, and returns made under the provisions of the general election laws.

(8)The form of ballot to be used at the special election shall be:

For the creation of (supplying the name proposed) county.

Against the creation of (supplying the name proposed) county.

(a)Subject to Subsection (9)(b) , the expenses of any special election described in this section shall be paid out of the general fund of the seceding county.

(b)If the voters approve the creation of the new county, the new county shall reimburse the seceding county for half of the cost of the special election within one year of the effective date of the new county from the general fund of the new county.

Amended by Chapter 102 , 2026 General Session