Grainger County Election Commission

General Provisions Governing Qualifications for Office: The general qualifications of persons permitted to hold public office are set out in TCA § 8-18-101. This section provides that all persons of the age of eighteen (18) years who are citizens of the United States and of this state, and have been inhabitants of the state, county, district, or circuit for the period required by the constitution and laws of the state, are qualified to hold office under the authority of this state except:

(1) Those who have been convicted of offering or giving a bribe, or of larceny, or any other offense declared infamous by law, unless restored to citizenship in the mode pointed out by law;

(2) Those against whom there is a judgment unpaid for any moneys received by them, in any official capacity, due to the United States, to this state, or any county thereof;

(3) Those who are defaulters to the treasury at the time of the election, and the election of any such person shall be void;

(4) Soldiers, seamen, marines, or airmen in the regular army or navy or air force of the United States; and

(5) Members of congress, and persons holding any office of profit or trust under any foreign power, other state of the union, or under the United States.

The causes of vacancies are set out in TCA § 8-48-101. This section provides that any office in this state is vacated by the following:

(3) Ceasing to be a resident of the state, or of the district, circuit, or county for which he was elected or appointed;

(4) Decision of a competent tribunal declaring the election or appointment void or the office vacant;

(5) Act of the general assembly abridging the term of office, where it is not fixed by the constitution;

(6) Sentence of the incumbent, by any competent tribunal in this or any other state, to the penitentiary, subject to restoration if the judgment is reversed, but not if the incumbent is pardoned; or

- 35 years of age; natural-born citizen; and a resident within the United States for 14 years. (US Constitution Article 2, Section 1[5])

- 30 years of age; Citizen of United States for 9 years; and a Tennessee resident. (US Constitution Article 1, Section 3)

- 25 years of age; Citizen of United States for 7 years; and a Tennessee resident. (US Constitution Article 1, Section 2)

- Shall be at least thirty (30) years of age, shall be a citizen of the United States, and shall have been a citizen of this State 7 years before the election. (TN Constitution Article 3, Section 3)

- In each party's primary, its voters in each senatorial district shall elect one (1) man and one (1) woman as members of the state executive committee. (TCA 2-13-103)

- Shall be bona fide members of the political party whose election they seek. (TCA 2-13-104)

- Shall be a citizen of the United States, at least 30 years of age, and shall have resided 3 years in this State and 1 year in the county or district represented immediately preceding the election. (TN Constitution Article 2, Sect. 10)

- Each district shall be represented by a qualified voter of that district. (TN Constitution Article 2, Section 6a)

- Shall be a citizen of the United States, at least 21 years of age, and shall have resided 3 years in this State and 1 year in the county represented immediately preceding the election. (TN Constitution Article 2, Section 9)

- Each district shall be represented by a qualified voter of that district. (TN Constitution Article 2, Section 5a)

- Shall be at least 35 years of age and a resident of the state for 5 years. (TN Constitution Article 6, Section 3, TCA 17-1-101, TCA 17-1-103)

- Shall be learned in the law, evidenced by being authorized to practice law in the courts of Tennessee. (TCA 17-1-106)

- Shall be at least 30 years of age and a resident of the state for 5 years. (TN Constitution Article 6, Section 4)

- Shall be learned in the law, evidenced by being authorized to practice law in the courts of Tennessee. (TCA 17-1-106)

- Shall reside in the grand division of the state from which they seek election. (TCA 16-4-102)

- Shall be a citizen of the United States, at least 30 years of age and a resident of the state for 5 years. (TN Constitution Article 6, Section 4, TCA 16-5-102)

- Shall be learned in the law, evidenced by being authorized to practice law in the courts of Tennessee. (TCA 17-1-106)

- Shall reside in the grand division of the state from which they seek election. (TCA 16-5-102)

- Shall be at least 30 years of age and a resident of the state for 5 years and of the circuit or district 1 year. (TN Constitution Article 6, Section 4)

- Shall be learned in the law, evidenced by being authorized to practice law in the courts of Tennessee. (TCA 17-1-101, 17-1-102, 17-1-103, 17-1-106)

- Shall be at least 30 years of age and a resident of the state for 5 years and of the circuit or district 1 year. (TN Constitution Article 6, Section 4)

- Shall be learned in the law, evidenced by being authorized to practice law in the courts of Tennessee. (TCA 17-1-101, 17-1-102, 17-1-103, 17-1-106)

- Shall be at least 30 years of age and a resident of the state for 5 years and of the circuit or district 1 year. (TN Constitution Article 6, Section 4)

- Shall be a duly licensed attorney admitted to the practice of law in this state and a resident of the state for 5 years and of the circuit or district 1 year. (TN Constitution Article 6, Section 5)

- Shall be a duly licensed attorney admitted to the practice of law in this state and a resident of the state for 5 years and of the judicial district for 1 year. (TCA 8‑14‑202)

(3) A resident of the county for at least 1 year prior to the date of filing a nominating petition for election to such office.

- Shall continue to reside in the county during the term of office and shall not, during the term of office, hold any other public office for profit. (TCA 5-6-104)

- Shall reside within and be a qualified voter of the district represented. (TCA 5‑5‑102)

- No member of the general assembly shall be nominated or commissioned, nor shall any practicing attorney be obligated, to act as sheriff. (TCA 8-8-101)

4. Have obtained a high school diploma or its equivalent in educational training as recognized by the Tennessee state board of education;

5. Not have been convicted of or pleaded guilty to or entered a plea of nolo contendere to any felony charge or any violation of any federal or state laws or city ordinances relating to force, violence, theft, dishonesty, gambling, liquor or controlled substances; so long as the violation involves an offense that consists of moral turpitude or a misdemeanor crime of domestic violence;

6. Be fingerprinted and have the Tennessee Bureau of Investigation make a search of local, state, and federal fingerprint files for any criminal record. Fingerprints are to be taken under the direction of the T.B.I. It shall be the responsibility of the T.B.I. to forward all criminal history results to the Peace Officer Standards and Training (POST) commission for evaluation of qualifications;

7. Not have been released, separated, or discharged from the Armed Forces of the United States with a Dishonorable or Bad Conduct discharge, or as a consequence of conviction at court martial for either state or federal offenses;

8. Have been certified by a qualified professional in the psychiatric or psychological fields to be free of all apparent mental disorder as described in the Diagnostic and Statistical Manual of Mental Disorders, Third Edition (DSM III), or its successor, of the American Psychiatric Association; and

9. Possess a current and valid peace officer certification as issued by the Tennessee POST commission as provided in §38-8-107, and as defined in title 38, chapter 8, within 12 months prior to the close of qualification for the election for the office of sheriff. (This requirement does not apply in any county having a metropolitan form of government where the sheriff does not have law enforcement powers.)

In the event that certification for peace officer is inactive or no longer valid, proof of the intent to run for the office of sheriff shall be presented to the POST commission for approval to take the POST certification examination;

(A) An affidavit sworn to and signed by the candidate affirming that the candidate meets the requirements of this section; and

(B) A confirmation of psychological evaluation form certified by the psychologist/psychiatrist providing psychological evaluation as provided for in §8-8-102(b)(8) for the purposes of sheriff candidacy qualification.

- No member of the county legislative body shall be eligible to hold the office of assessor. (TCA 67-1-503)

- Shall file affidavits and such other evidence as the Tennessee Highway Officials Certification Board shall require with the board not later than fourteen (14) days prior to the qualifying deadline for candidates in a popular election or, where the position is appointed, prior to appointment to the office. (TCA 54-7-104)

(1) Be a graduate of an accredited school of engineering, with at least 2 years’ experience in highway construction or maintenance or be licensed to practice engineering in Tennessee; or

(2) Have at least 4 years’ experience in a supervisory capacity in highway construction or maintenance; or

(3) Have a combination of education and experience equivalent to either of the above. (TCA 54-7-104)

(1) Carroll, Hancock, Jackson, Macon, Williamson, and Wilson: certification not required

(2) Bedford, Clay, Dekalb, Dyer, Hawkins, Perry and Wayne Counties: only a high school education or general equivalency diploma (GED) is required (no experience required);

(3) Stewart County: at least four (4) years’ experience is required (no education required). (TCA 54-7-104)

- Shall reside within and be a qualified voter of the district represented. (TCA 49‑2‑201)

- Shall file with the county election commission proof of graduation from high school or receipt of a GED, evidenced by a diploma or other documentation satisfactory to the commission. (TCA 49-2-202)

- No member of the county legislative body nor any other county official shall be eligible for election as a member of the county board of education. (TCA 49‑2‑202)

(5) Not have been separated or discharged from the armed forces of the United States with other than an honorable discharge;

- Shall file with the county election commission, in conjunction with the nominating petition, an affidavit sworn to and signed by the candidate affirming that the candidate meets the requirements of this section. (TCA 8-10-102)

RUNNING FOR TWO OFFICES
AT THE SAME TIME

Two Federal Offices
A. You can run for two federal offices at the same time.
B. Federal Hatch Act - The Federal Hatch Act provisions govern political
     activity by federal employees.
      1. The Federal Hatch Act does not disqualify an indivudual from seeking and holding
           public office, however violation of it could place an employee who is subject to it
           in jeopardy of loosing his or her job.
      2. According to the Federal Hatch Act, federal employees may be candidates for
           public office in non-partisan elections. However, the Hatch Act prohibits federal
           employees from being candidates for public office in partisan elections.
      3. An election is partisan if any candidate for an elective public office is running as a
           representative of a political party whose presidential candidate received electoral
           votes at the preceding presidential election.

Two State Offices
A.   You cannot run for two state offices at the same time.
B. TCA 2-5-101(f) states, in pertinent part:
       ...wherein such candidate is attempting to be qualified for and nominated or
       elected to more than one (1) state office as described in either 2-13-202 (1),
       (2), or (3) or in article V1 of the Constitution of Tennessee or more that one (1)
        constitutional county office described in article V11, section 1 of the constitut-
        ion of Tennessee or any other countywide office voted on by voters during any
        primary or general election.

State Employee - State Office
        1. A state employee may hold any elected office other than a state office.
             Example: A state employee may also hold the office of county
             commissioner. However, city charters should be reviewed for any pro-
             hibitory language regarding their elected officials holding public offices
             or offices of public trust.
        2. State employees may be governed by the Federal Hatch Act if the individual
             is principally employed by a state agency that is connected with a program
             financed in whole or part by federal loans or grants. In this scenario, the
             state employee must review the requirements of the Federal Hatch Act
             regarding the prohibition against being a candidate in a partisan election.

County Offices
A.    You cannot run for two constitutional county offices or two countywide offices
        or district based offices that have countywide jurisdiction.
        See Attorney General Opinion No. 02-212 (January 18, 2002).
B.    County Employee - County Legislative Body
        No person elected or appointed to fill the office of county mayor, sheriff,
        trustee, register, county clerk, assessor of property, or any other coundy-wide
        office filled by vote of the people or the county legislative body, shall also be
         nominated for or elected to membership in the county legislative body.
C.   A county employee can run for county commissioner (county legislative body).
       TCA 5-5-102(c)(1). Both offices can be held at the same time. TCA 5-5-102(c)
       (4)(a).

County Office - State Office
1.    You can run for a county office and a state office at the same time.
       (OAG 92-66, 1992).
       (A) EXCEPTION: TCA 5-6-104(b) states that a county mayor may not hold
        any other public office for profit, i.e., a public office which receives a salary.

County Office - School Board
1.    TCA 49-2-203(a)(1)(d) states that:
       No member of any local board of education shall be eligible for election as a
       teacher, or any other position under the board carrying with it any salary or
       compensation;
2.    However, an employee of the school system may run for the office of school
       board without resigning the teacher's position.

Municipal Offices
City Office - County Office
1.    You can run for a city office and county office at the same time.
       EXCEPTIONS: TCA 5-6-104(b) states that a county mayor may not hold any
       other public office for profit, i.e., a public office that receives a salary.
2.    A county employee cannot hold an office if a municipal charter prevents it.
       Example: A county school board member wants to run for mayor. He or she
       may run for mayor while holding their school board seat and can hold both
       offices at the same time unless the city charter prevents it .

City Office - City Office
1.    You can hold two or more city offices at the same time if the city charter
       doesn't prevent it.

City Employee - City Office
1.     A city employee may not run for city offices unless the charter ordinance
        expressly allows it.
2.    TCA 7-5-1501 --"that unless otherwise authorized by law or local ordinance an
       employee of a municipal or metropolitan government shall not be qualified to
       run for elected office in the local governing body of such local government unit
       in which the employee is employed."