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