17-52-206.   Election on recommended optional plan -- Resolution or petition to submit plan to voters.
     (1) (a) The county legislative body shall hold an election on an optional plan recommended in a study committee report filed under Subsection 17-52-303(3)(d) if:
     (i) the county or district attorney has completed the review of the recommended optional plan and has submitted the attorney's report to the county clerk as provided in Section 17-52-204;
     (ii) the recommended optional plan may, under Subsection 17-52-204(3), be the subject of a resolution or petition under this Subsection (1); and
     (iii) after the county or district attorney has submitted the attorney's report under Section 17-52-204:
     (A) the county legislative body adopts a resolution to submit the recommended optional plan to voters; or
     (B) a petition is filed with the county clerk that:
     (I) is signed by registered voters residing in the county equal in number to at least 10% of the total number of votes cast in the county at the most recent election for governor;
     (II) designates up to five of the petition signers as sponsors, one of whom shall be designated as the contact sponsor, with the mailing address and telephone number of each; and
     (III) requests that the recommended optional plan be submitted to voters.
     (b) The process for certifying a petition filed under Subsection (1)(a)(iii)(B) shall be the same as that provided in Subsection 17-52-203(3).
     (2) Each election under Subsection (1) shall be held at the next regular general or municipal general election date that is no less than two months after:
     (a) the county legislative body's adoption of a resolution under Subsection (1)(a)(iii)(A); or
     (b) certification of a petition filed under Subsection (1)(a)(iii)(B).
     (3) The county clerk shall prepare the ballot for each election under Subsection (1) so that the question on the ballot states substantially as follows:
     "Shall ___________________ County adopt the alternate form of government known as the __(insert the proposed form of government)___ that has been recommended by the study committee?"
     (4) The county clerk shall:
     (a) cause the complete text of the proposed optional plan to be published in a newspaper of general circulation within the county at least once during two different calendar weeks within the 30-day period immediately before the date of the election under Subsection (1); and
     (b) make a complete copy of the optional plan and the study committee report available free of charge to any member of the public who requests a copy.

Amended by Chapter 241, 2001 General Session
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Last revised: Thursday, May 28, 2009