(1) When a new county is created under the provisions of this chapter, the county legislative body of the seceding county from which the greatest portion of territory is taken to create the new county shall provide for an election to: (a) select a county seat for the new county; and (b) elect officers for the new county. (2) If a new county is created during a year when no general election is scheduled to be held, the seceding county from which the greatest portion of territory was taken shall call a special election to select a county seat and county officers for the new county: (a) to be held on the first Tuesday after the first Monday of November following; and (b) to be conducted under the laws providing for general elections. (3) The county clerk of the seceding county from which the greatest portion of territory is taken shall ensure that only voters who are residents of the new county vote in an election or special election described in this section. (4) (a) Except as provided in Subsection (4)(c), in an election or special election to select a county seat for the new county, the county clerk of the seceding county described in Subsection (2) shall: (i) list all cities and towns located in the new county on a ballot for a new county seat; or (ii) list the five most populous cities and towns located in the new county, if there are at least five cities and towns located in the new county, on a ballot for a new county seat. (b) The city or town in the new county receiving the largest number of votes for designation as county seat shall be the county seat of the new county. (c) If the county seat of a seceding county is included in the new county created under this part: (i) the county seat of the seceding county shall be the county seat of the new county; and (ii) a new county seat of the seceding county shall be chosen in accordance with the requirements of Utah Constitution, Article XI, Section 2. (5) In an election for county officers for the new county, the county clerk of the seceding county described in Subsection (2) shall: (a) accept candidates for county officers for the new county in the same manner as described in Title 20A, Election Code; and (b) ensure that all candidates who meet the requirements established by law for county office are listed on the ballot for the election or special election of county officers for the new county. (6) The new county shall reimburse the seceding county described in Subsection (2) for the expenses of an election or special election held under this section within one year from the day on which the election or special election is held. Renumbered and Amended by Chapter 13, 2025 Special Session 1
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