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

236 words·~1 min read·/ut/title-17/chapter-62/17-62-404

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

Effective 5/6/2026

(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:

(i)for a county of the first, second, third, or fourth class:

(A)the county commission form under Section 17-62-201 ;

(B)the expanded county commission form under Section 17-62-202 ;

(C)the county executive and council form under Section 17-62-203 ; or

(D)the council-manager form under Section 17-62-204 ; and

(ii)for a county of the fifth or sixth class:

(A)the county commission form under Section 17-62-201 ; or

(B)the expanded county commission form under Section 17-62-202 .

(b)The optional plan proponent described in Subsection 16-62-403(1) may not recommend an optional plan that:

(i)proposes changing the form of government to a form not authorized in Subsection (1)(a) ;

(ii)provides for the nonpartisan election of elected officers;

(iii)imposes a limit on the number of terms or years that an elected officer may serve; or

(iv)provides for elected officers to be subject to a recall election.

(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.

Amended by Chapter 97 , 2026 General Session