Becoming a Candidate
RUNNING FOR TWO OFFICES
AT THE SAME TIME
A. You can run
for two federal offices at the same time.
Hatch Act - The Federal Hatch Act updated on December 19, 2012 by
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.
A state employee may also hold the office of county
commissioner. However, city charters should be reviewed for any
hibitory language regarding their elected officials holding public
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
financed in whole or part by federal loans or grants. In this
state employee must review the requirements of the Federal Hatch Act
regarding the prohibition against being a candidate in a partisan
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.
A county employee can run
for county commissioner (county legislative body).
Both offices can be held at the same time. TCA 5-5-102(c)
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
2. However, an employee of the school system may run for the office of
board without resigning the
City Office - County Office
1. You can
run for a city office and county office at the
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
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."