1. (1)

   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:

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

         1. (A) the county commission form under Section 17-62-201;
         2. (B) the expanded county commission form under Section 17-62-202;
         3. (C) the county executive and council form under Section 17-62-203; or
         4. (D) the council-manager form under Section 17-62-204; and

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

         1. (A) the county commission form under Section 17-62-201; or
         2. (B) the expanded county commission form under Section 17-62-202.

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

      1. (i) proposes changing the form of government to a form not authorized in Subsection (1)(a);
      2. (ii) provides for the nonpartisan election of elected officers;
      3. (iii) imposes a limit on the number of terms or years that an elected officer may serve; or
      4. (iv) provides for elected officers to be subject to a recall election.
2. (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