Powers and Duties

Utah Code tit. 17, ch. 17-70, pt. 17-70-P3

in effect

Utah Code § 17-70-301 County legislative body clerk -- District court clerk duties.

17-70-301. County legislative body clerk -- District court clerk duties. (1) The county clerk is the clerk of the county legislative body. (2) (a) A county clerk shall: (i) act as clerk of the district court in secondary counties of the state district court administrative system and those counties not in the system; and (ii) perform the duties listed in Section 78A-5-108. (b) If a county clerk performs district court clerk functions, the legislative body of the county shall provide the clerk with deputies and employees for the business of the district court as described in Subsection 17-75-201(2). Renumbered and Amended by Chapter 13, 2025 Special Session 1

Utah Code § 17-70-302 Duties.

17-70-302. Duties. A county clerk shall: (1) record all proceedings of the county legislative body; (2) make full entries of all resolutions and decisions of the county legislative body on all questions concerning the county; (3) record the vote of each member of the county legislative body on any motion where there is a division of the county legislative body; (4) prepare and certify duplicate lists of all claims that: (a) show the amount of each claim or order; (b) show the date of each claim or order; (c) show the date of the county's allowance or rejection of the claim; and (d) are countersigned by the county executive; (5) deliver one of the lists referred to in Subsection (4) to the: (a) county finance officer; and (b) county treasurer; (6) file and preserve a county officer's report to the county legislative body; (7) file and preserve all accounts except accounts that are kept by the county finance officer; (8) file and preserve all petitions and applications for franchises; (9) record the county legislative body's action on petitions and applications for franchises; (10) authenticate with the clerk's signature and the seal of the county the county legislative body's proceedings; (11) authenticate with the clerk's signature and the seal of the county all ordinances the county legislative body passes, and record them in the ordinance book; (12) record all orders levying taxes; (13) keep at the county clerk's office all county books, records, and accounts that the county clerk is required by law to keep; (14) during regular business hours, provide for public inspection all county books, records, and accounts that the county clerk is required by law to keep; (15) perform all other duties the county legislative body requires by: (a) ordinance; or (b) resolution; (16) establish policies to issue marriage licenses to county residents and individuals getting married in the county; (17) keep a register of marriage licenses the county clerk issues; (18) establish policies to ensure that the county clerk, or a designee of the county clerk who is willing, is available during business hours to solemnize a legal marriage for which a marriage license has been issued; (19) execute with the county clerk's seal described in Section 17-70-102 all deeds and conveyances of all real estate conveyed by the county; (20) take and certify acknowledgments; (21) administer oaths; (22) keep a fee schedule as provided by law; (23) take charge of and safely keep the seal of the county described in Section 17-64-103; and (24) keep other records and perform other duties as may be prescribed by law. Amended by Chapter 105, 2026 General Session

Utah Code § 17-70-303 Report of election and appointment of county officers.

17-70-303. Report of election and appointment of county officers. Within 10 days after the day on which a county clerk issues a certificate of election or a certificate of appointment made to fill vacancies in elective county offices, the county clerk shall notify the lieutenant governor of the following: (1) the name of the county; (2) the name of the county office to which the individual was elected or appointed; (3) the date the individual was elected or appointed; (4) the date the term for which the individual was elected or appointed expires; (5) the date of the certificate of election or appointment; and (6) the date of the qualification of the individual elected or appointed. Renumbered and Amended by Chapter 13, 2025 Special Session 1

Utah Code § 17-70-304 Conflict of interest disclosure statement for county and local school board office -- Required when filing for candidacy -- Public availability -- Enforcement.

17-70-304. Conflict of interest disclosure statement for county and local school board office -- Required when filing for candidacy -- Public availability -- Enforcement. (1) (a) A county clerk shall, for each person seeking to become a candidate for a county office or local school board office that is to be filled at the next general election, create, print, and provide the person with a copy of the conflict of interest disclosure statement described in Subsection (1)(b). (b) A conflict of interest disclosure statement shall: (i) be divided into sections representing each item of information described in Subsections 20A-11-1604(6)(a) through (n); and (ii) immediately beneath each section, include a space for the candidate to provide a written response. (2) Except as provided in Subsection (3), a candidate for an office described in Subsection (1)(a) shall complete the conflict of interest disclosure statement and submit the statement to the county clerk at the time the candidate files a declaration of candidacy. (3) A candidate is not required to comply with Subsection (2) if the candidate: (a) currently holds the office for which the candidate seeks reelection; (b) already, that same year, filed a conflict of interest disclosure statement for the office described in Subsection (3)(a), in accordance with: (i) for a county office, Section 17-16a-13; or (ii) for a local school board office, Section 67-16-16; and (c) at the time the candidate files a declaration of candidacy, indicates, in writing, that the conflict of interest disclosure statement described in Subsection (3)(b) is updated and accurate as of the date of filing the declaration of candidacy. (4) Except as provided in Subsection (3), a county clerk: (a) may not accept a declaration of candidacy from a candidate for an office described in Subsection (1)(a) until the county clerk receives a complete conflict of interest disclosure statement from the candidate; and (b) shall make a candidate's conflict of interest disclosure statement available for public inspection by posting an electronic copy of the statement on the county's website. (5) A county clerk shall ensure that a candidate's conflict of interest disclosure statement remains posted on the website described in Subsection (4)(b) until: (a) the candidate resigns or is disqualified as a candidate; or (b) the day after the day of the official canvass for the general election. (6) (a) A private party in interest may bring a civil action in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration, to enforce the provisions of this section. (b) In a civil action under Subsection (6)(a), the court may award costs and attorney fees to the prevailing party. Renumbered and Amended by Chapter 13, 2025 Special Session 1

Source: Utah Office of Legislative Research and General Counsel (le.utah.gov)URL: https://le.utah.gov/xcode/Title17/Chapter70/17-70-P3.html?v=C17-70-P3_2025110620251206Fetched: 10/26/2026