(1) As used in this section:
(a) "Midterm vacancy" means a county commission position that is being filled at an election for less than the position's full term as established in:
(i) Subsection (4)(a); or
(ii) a county's optional plan under Section 17-62-403.
(b) "Open position" means a county commission position that is being filled at a regular general election for the position's full term as established in:
(i) Subsection (4)(a); or
(ii) a county's optional plan under Section 17-62-403.
(c) "Opt-in county" means a county that has, in accordance with Subsection (6)(a), chosen to conduct county commissioner elections in accordance with Subsection (6).
(2) A county commission consisting of three members shall govern each county operating under the county commission form of government.
(3) 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 64, County Legislative Body, and the powers, duties, and functions of a county executive under Chapter 65, County Executive.
(4) 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:
(i) at large, unless otherwise required by court order; and
(ii) subject to the provisions of this section, in accordance with Title 20A, Election Code.
(5) Except as provided in Subsection (6):
(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; and
(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.
(6)
(a) A county of the first or second class may, through an optional plan as described in Subsection 17-62-403(5) or by ordinance, choose to conduct county commissioner elections in accordance with this Subsection (6).
(b) When issuing the notice described in Section 20A-5a-202, the clerk of an opt-in county shall, if there is at least one open position and at least one midterm vacancy, designate:
(i) each open position as "open position"; and
(ii) each midterm vacancy as "midterm vacancy."
(c) An individual who files a declaration of candidacy for the office of county commissioner in an opt-in county:
(i) if there is more than one open position, is not required to indicate which open position the individual is running for;
(ii) if there is at least one open position and at least one midterm vacancy, shall designate on the declaration of candidacy whether the individual is filing for an open position or a midterm vacancy; and
(iii) may not file a declaration of candidacy for an open position and a midterm vacancy in the same election.
(d) If there is an open position and a midterm vacancy being voted upon in the same election in an opt-in county, the county clerk shall indicate on the ballot for the election which positions are open positions and which positions are midterm vacancies.
(e) In an opt-in county:
(i) the candidates for open positions, in a number equal to the number of open positions, who receive the highest number of votes are:
(A) for the purposes of a regular primary election, nominated by the candidates' party for the open positions; and
(B) for the purposes of a regular general election, elected to fill the open positions; and
(ii) the candidates for midterm vacancies, in a number equal to the number of midterm vacancies, who receive the highest number of votes are:
(A) for the purposes of a regular primary election, nominated by the candidates' party for the midterm vacancies; and
(B) for the purposes of a regular general election, elected to fill the midterm vacancies.