(1)  Whenever any number of the registered voters of any portion of any county desire to have the territory within which they reside created into a new county they may file a petition for the creation of a new county with the county legislative body of the county in which they reside.

Terms Used In Utah Code 17-3-1

  • 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
  • Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
    • (2)  The petition shall be signed by at least one-fourth of the registered voters as shown by the registration list of the last preceding general election, residing in that portion of the county to be created into a new county, and by not less than one-fourth of the registered voters residing in the remaining portion of the county.

    (3)  The petition shall be presented on or before the first Monday in May of any year, and shall propose the name and define the boundaries of the new county.

    (4) 

    (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 (4)(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 (2);

    (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.

    (5) 

    (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 (5)(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.

    (6)  The county legislative body shall cause the proposition to be submitted to the legal voters residing in the county at a special election to be held according to the dates established in Section 20A-1-204, first causing 30 days’ notice of the election to be given in the manner provided by law for giving notice of general elections.

    (7)  The election shall be held, the result canvassed, and returns made under the provisions of the general election laws.

    (8)  The form of ballot to be used at such election shall be:
         For the creation of (supplying the name proposed) county.
         Against the creation of (supplying the name proposed) county.

    Amended by Chapter 116, 2023 General Session

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