1. (1) As used in this section:

   1. (a) "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:

      1. (i) Subsection (4)(a); or
      2. (ii) a county's optional plan under Section 17-62-403.

   2. (b) "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:

      1. (i) Subsection (4)(a); or
      2. (ii) a county's optional plan under Section 17-62-403.
   3. (c) "Opt-in county" means a county that has, in accordance with Subsection (6)(a), chosen to conduct county commissioner elections in accordance with Subsection (6).
2. (2) A county commission consisting of three members shall govern each county operating under the county commission form of government.
3. (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 Chapter 64, County Legislative Body, and the powers, duties, and functions of a county executive under Chapter 65, County Executive.

4. (4) Except as otherwise provided in an optional plan adopted under this chapter:

   1. (a) the term of office of each county commission member is four years;
   2. (b) 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

   3. (c) each county commission member shall be elected:

      1. (i) at large, unless otherwise required by court order; and
      2. (ii) subject to the provisions of this section, in accordance with Title 20A, Election Code.

5. (5) Except as provided in Subsection (6):

   1. (a) if two county commission positions are vacant for an election, the positions shall be designated "county commission seat A" and "county commission seat B";
   2. (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
   3. (c) 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. (6)

   1. (a) A county of the first or second class may, through an optional plan as described in Subsection 17-62-403(5) or by ordinance, choose to conduct county commissioner elections in accordance with this Subsection (6).

   2. (b) When issuing the notice described in Section 20A-5a-202, the clerk of an opt-in county shall, if there is at least one open position and at least one midterm vacancy, designate:

      1. (i) each open position as "open position"; and
      2. (ii) each midterm vacancy as "midterm vacancy."

   3. (c) An individual who files a declaration of candidacy for the office of county commissioner in an opt-in county:

      1. (i) if there is more than one open position, is not required to indicate which open position the individual is running for;
      2. (ii) 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
      3. (iii) may not file a declaration of candidacy for an open position and a midterm vacancy in the same election.
   4. (d) 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.

   5. (e) In an opt-in county:

      1. (i) the candidates for open positions, in a number equal to the number of open positions, who receive the highest number of votes are:

         1. (A) for the purposes of a regular primary election, nominated by the candidates' party for the open positions; and
         2. (B) for the purposes of a regular general election, elected to fill the open positions; and

      2. (ii) the candidates for midterm vacancies, in a number equal to the number of midterm vacancies, who receive the highest number of votes are:

         1. (A) for the purposes of a regular primary election, nominated by the candidates' party for the midterm vacancies; and
         2. (B) for the purposes of a regular general election, elected to fill the midterm vacancies.

Amended by Chapter 329, 2026 General Session