17-62-201. County commission form of government -- Commission member elections.
(1) As used in this section: "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: Subsection; or (4)(a) a county's optional plan under Section. 17-62-403 "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: Subsection; or (4)(a) a county's optional plan under Section. 17-62-403 "Opt-in county" means a county that has, in accordance with Subsection, chosen to conduct county commissioner elections in accordance with Subsection. (6)(a) (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, and the powers, duties, and functions of a county executive under. Chapter 64, County Legislative Body Chapter 65, County Executive
(4) Except as otherwise provided in an optional plan adopted under this chapter: the term of office of each county commission member is four years; 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 each county commission member shall be elected: at large, unless otherwise required by court order; and subject to the provisions of this section, in accordance with. Title 20A, Election Code
(5) Except as provided in Subsection: (6) if two county commission positions are vacant for an election, the positions shall be designated "county commission seat A" and "county commission seat 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 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 county of the first or second class may, through an optional plan as described in Subsectionor by ordinance, choose to conduct county commissioner elections in accordance with this Subsection. 17-62-403(5) (6) When issuing the notice described in Section, the clerk of an opt-in county shall, if there is at least one open position and at least one midterm vacancy, designate: 20A-5a-202 each open position as "open position"; and each midterm vacancy as "midterm vacancy." An individual who files a declaration of candidacy for the office of county commissioner in an opt-in county: if there is more than one open position, is not required to indicate which open position the individual is running for; 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 may not file a declaration of candidacy for an open position and a midterm vacancy in the same election. 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. In an opt-in county: the candidates for open positions, in a number equal to the number of open positions, who receive the highest number of votes are: for the purposes of a regular primary election, nominated by the candidates' party for the open positions; and for the purposes of a regular general election, elected to fill the open positions; and the candidates for midterm vacancies, in a number equal to the number of midterm vacancies, who receive the highest number of votes are: for the purposes of a regular primary election, nominated by the candidates' party for the midterm vacancies; and for the purposes of a regular general election, elected to fill the midterm vacancies.