§ 17-52-501. County commission form of government.

(1) Each county operating under the county commission form of government shall be governed by a county commission consisting of three members.

(2) 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 53, Part 2, County Legislative Body, and the powers, duties, and functions of a county executive under Chapter 53, Part 3, County Executive.

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

(a) the term of office of each county commission member is four years;

(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

(c) each county commission member shall be elected at large, unless otherwise required by court order.

(4)

(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."

(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.

(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.

Renumbered and Amended by Chapter 133, 2000 General Session