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This opinion is subject to revision before final publication in the Pacific Reporter.
IN THE SUPREME COURT OF THE STATE OF UTAH
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Lorin Facer,
Plaintiff and Appellant,
v.
R. Lee Allen, Allen L. Jensen, James J. White, and Box Elder County,
Defendants and Appellees.
No. 960463
F I L E D
May 12, 1998

First District, Box Elder County
The Honorable Ben H. Hadfield
Attorneys: Phillip W. Dyer, Salt Lake City, for plaintiff
Karra J. Porter and Nathan D. Alder, Salt Lake City, for defendants
HOWE, Chief Justice:
Lorin Facer, a former justice court judge, complains that the Box Elder County Commission abolished the precinct in
which he held office within ninety days before the 1994 general election in violation of Utah Code Ann. 17-5-212(3) (1994),(1) and thereby deprived him of the right to run as a candidate in an unopposed retention election as provided by Utah Code Ann. 78-5-134(4) (1993). The trial court found no violation and granted summary judgment in favor of the County. The judge appeals.
FACTS
In 1991, plaintiff Lorin Facer was appointed to a four-year term as justice court judge of the Box Elder County South Precinct. His term ended in February of 1995, and he decided to run for another term in the general election to be held on November 8, 1994. Accordingly, in January of 1994, the Judicial Council certified him to stand unopposed in a retention election. In February, the County published a notice of the upcoming retention election. Judge Facer filed his candidacy and paid his filing fee on March 7, 1994.
On September 6, 1994, only sixty -two days before the November 8 election, the Box Elder County Commission passed a resolution combining the north and south precincts into one, effective the first Monday in February 1995, thus eliminating one justice court judgeship. On September 29, the County officially notified Judge Facer that his name had been removed from the ballot and refunded his filing fee. The next day he requested the county clerk reinstate his name on the ballot. Acting on the advice of the county attorney, the clerk denied the request. Judge Facer then petitioned the district court to have his name included on the ballot, arguing that the County violated section 17-5

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