17-2-103.  Consolidation of counties — Petition — Certification of petition signatures — Removal of signature — Election — Ballot.

(1)  If a majority of the legal voters of any county desire to have the county joined to and consolidated with an adjoining county, they may petition the county legislative body of the county in which they reside and the county legislative body of the adjoining county.

Terms Used In Utah Code 17-2-103

  • Consolidating county: means the county to which another county is joined or is proposed to be joined by consolidation under this part. See Utah Code 17-2-102
  • 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
  • Originating county: means the county that is joined or proposed to be joined to another county by consolidation under this part. See Utah Code 17-2-102
  • Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
    • (2)  Each petition under Subsection (1) shall be presented before the first Monday in June of any year.

    (3) 

    (a)  Within three business days after the day on which a county legislative body receives a petition under Subsection (1), the county legislative body shall provide the petition to the county clerk.

    (b)  Within 14 days after the day on which a county clerk receives a petition from the county legislative body under Subsection (3)(a), the county clerk shall:

    (i)  use the procedures described in Section 20A-1-1002 to determine whether the petition satisfies the requirements of Subsection (1);

    (ii)  certify on the petition whether each name is that of a registered voter in the county; and

    (iii)  deliver the certified petition to the county legislative body.

    (4) 

    (a)  A voter who signs a petition under this section may have the voter’s signature removed from the petition by, no later than three business days after the day on which the county legislative body provides the petition to the county clerk, submitting to the county clerk a statement requesting that the voter’s signature be removed.

    (b)  A statement described in Subsection (4)(a) shall comply with the requirements described in Subsection 20A-1-1003(2).

    (c)  The county clerk shall use the procedures described in Subsection 20A-1-1003(3) to determine whether to remove an individual’s signature from a petition after receiving a timely, valid statement requesting removal of the signature.

    (5) 

    (a)  If a petition under Subsection (1) is presented in a year during which a regular general election is held, the county legislative body of the originating county and the county legislative body of the consolidating county shall cause the proposition to be submitted to the legal voters of their respective counties at the next regular general election.

    (b)  If a petition under Subsection (1) is presented during a year in which there is no regular general election, the county legislative body of the originating county and the county legislative body of the consolidating county shall:

    (i)  call a special election to be held on the first Tuesday after the first Monday in November following the presentation of the petition; and

    (ii)  cause the proposition to be submitted to the legal voters of the respective counties on that day.

    (c)  Except as otherwise provided in this part, an election under this Subsection (5) shall be held, the results canvassed, and returns made under the provisions of the general election laws of the state.

    (d)  The ballot to be used at an election under this Subsection (5) shall be:
         For combining ____ county with ____ county.
         Against combining ____ county with ____ county.

    Amended by Chapter 116, 2023 General Session

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