17-16-6.  County officers — Time of holding elections — County commissioners — Terms of office.

(1)  Except as otherwise provided in an optional plan adopted under Chapter 52a, Changing Forms of County Government:

Terms Used In Utah Code 17-16-6

  • County legislative body: means :Utah Code 68-3-12.5
  • Legislative: when used to describe the powers, duties, or functions of a county commission or council, refers to:
(a) the power and duty to enact ordinances, levy taxes, and establish budgets; and
(b) those powers, duties, and functions that, under constitutional and statutory provisions and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the legislative branch of government. See Utah Code 17-50-101
(a)  each elected county officer shall be elected at the regular general election every four years in accordance with Section 20A-1-201, except as otherwise provided in this title;

(b)  county commissioners shall be elected at the times, in the manner, and for the terms provided in Section 17-52a-201; and

(c)  an elected officer shall hold office for the term for which the officer is elected, beginning at noon on the first Monday in January following the officer’s election and until a successor is elected or appointed and qualified, except as provided in Section 17-16-1.

(2) 

(a)  The terms of county officers shall be staggered in accordance with this Subsection (2).

(b)  Except as provided in Subsection (2)(c), in the 2014 general election:

(i)  the following county officers shall be elected to one six-year term and thereafter elected to a four-year term:

(A)  county treasurer;

(B)  county recorder;

(C)  county surveyor; and

(D)  county assessor; and

(ii)  all other county officers shall be elected to a four-year term.

(c)  If a county legislative body consolidates two or more county offices in accordance with Section 17-16-3, and the consolidated offices are on conflicting election schedules, the county legislative body shall pass an ordinance that sets the election schedule for the consolidated offices in a reasonable manner that staggers the terms of county officers as provided in this Subsection (2).

(3)  An individual who holds a municipal elected office may not, at the same time, hold a county elected office.

(4)  The restriction described in Subsection (3) applies regardless of whether the individual is elected to the office or appointed to fill a vacancy in the office.

Amended by Chapter 258, 2019 General Session