elections. (1) As used in this section: (a) "Midterm vacancy" means the same as that term is defined in Section 17-62-201. (b) "Open position" means the same as that term is defined in Section 17-62-201. (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 five or seven members shall govern each county operating under an expanded county commission form of government. (3) A county commission under the expanded 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 approximately half the members are elected at alternating regular general election dates; 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 multiple at-large county commission positions are vacant for an election, the positions shall be designated "county commission seat A," "county commission seat B," and so on as necessary for the number of vacant positions; (b) each candidate who files a declaration of candidacy when multiple positions are vacant shall designate the letter of the county commission seat for which the candidate is a candidate; 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.
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