17-3-1. By petition -- Election -- Ballots.
Whenever any number of the qualified electors of any portion of any county desire to
have the territory within which they reside created into a new county they may petition therefor
the county legislative body of the county in which they reside. Such petition must be signed by at
least 1/4 of the qualified electors 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 1/4 of the qualified electors residing in the remaining portion of said county. Such petition
must be presented on or before the first Monday in May of any year, and shall propose the name
and define the boundaries of such new county. The county legislative body must 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
such election to be given in the manner provided by law for giving notice of general elections.
Such election shall be held, the result thereof canvassed, and returns made under the provisions
of the general election laws. 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 371, 2004 General Session
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Last revised: Thursday, May 28, 2009