Scott County, Tennessee
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Qualifications for Elected Office


     


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.

 

UNITED STATES
PRESIDENT - (4 year term)
  • 35 years of age; natural-born citizen;
    and a resident within the United States for 14 years. (US Constitution
    Article 2, Section 1 [5])

 

UNITED STATES
SENATOR - (6 year term)
  • 30 years of age; Citizen of United
    States for 9 years; and a Tennessee resident. (US Constitution Article
    1, Section 3)


 

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


 

GOVERNOR - (4 year
term)
  • Basic qualifications of TCA 8-18-101
    and
  • 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 seven (7) years next before the election.
    (TN Constitution Article 3, Section 3)

 

STATE EXECUTIVE
COMMITTEE - (4 year term)
  • Basic qualifications of TCA 8-18-101;
    and
  • 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)

 

STATE SENATOR -
(4 year term)
  • Basic qualifications of TCA 8-18-101;
    and
  • Shall be a citizen of the United States,
    of the age of thirty (30) years, and shall have resided three (3)
    years in this State, and one (1) year in the county or district, immediately
    preceding the election. (TN Constitution Article 2, Section 10)
  • Each district shall be represented
    by a qualified voter of that district. (TN Constitution Article 2,
    Section 6a)

 

STATE REPRESENTATIVE
- (2 year term)
  • Basic qualifications of TCA 8-18-101;
    and
  • Shall be a citizen of the United States,
    of the age of twenty-one (21) years, and shall be a citizen of this
    State for three (3) years, and a resident in the county represented
    one (1) year 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)

 

TENNESSEE SUPREME
COURT JUDGE - (8 year term)
  • Basic qualifications of TCA 8-18-101;
    and
  • Shall be thirty-five (35) years of
    age, a resident of the state for five (5) years. (TN Constitution
    Article 6, Section 3, 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)


 

TENNESSEE
COURT OF APPEALS JUDGE - (8 year term)
  • Basic qualifications of TCA 8-18-101;
    and
  • Shall be thirty (30) years of age,
    a resident of the state for five (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)

 

TENNESSEE COURT
OF CRIMINAL APPEALS JUDGE - (8 year term)
  • Basic qualifications of TCA 8-18-101;
    and
  • Shall be a citizen of the United States,
    thirty (30) years of age, a resident of the state for five (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)

 

CHANCELLOR
- (8 year term)
  • Basic qualifications of TCA 8-18-101;
    and
  • Shall be thirty (30) years of age and
    shall before the election, have been a resident of the State for five
    (5) years and of the circuit or district one (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)

 

CIRCUIT COURT
JUDGE/CRIMINAL COURT JUDGE - (8 year term)
  • Basic qualifications of TCA 8-18-101;
    and
  • Shall be thirty (30) years of age and
    shall before the election, have been a resident of the State for five
    (5) years and of the circuit or district one (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)

 

GENERAL SESSIONS/JUVENILE
COURT JUDGE - (8 year term)
  • Basic qualifications of TCA 8-18-101;
    and
  • Shall be thirty (30) years of age and
    shall before the election, have been a resident of the state for five
    (5) years and of the circuit or district one (1) year. (TN Constitution
    Article 6, Section 4)
  • Shall be licensed to practice law in
    this state. (TCA 16-15-5005)

 

DISTRICT ATTORNEY
GENERAL - (8 year term)
  • Basic qualifications of TCA 8-18-101;
    and
  • Shall have been a resident of the State
    five (5) years, and of the

    circuit or district one (1) year. (TN Constitution Article 6, Section
    5)

 

DISTRICT PUBLIC
DEFENDER - (8 year term)
  • Basic qualifications of TCA 8-18-101;
    and
  • Shall be a duly licensed attorney admitted
    to the practice of law in this state, and shall have been a resident
    of the state for five (5) years and of the judicial district for one
    (1) year. (TCA 8-14-202)


 

COUNTY MAYOR
- (4 year term)

  • Basic qualifications of TCA 8-18-101;
    and
  • Shall be:

    1. A qualified
voter of the county;

    2. At least 25 years of age; and


    3. A resident
of the county for one (1) full 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)

 

COUNTY COMMISSION
- (4 year term)
  • Basic qualifications of TCA 8-18-101;
    and
  • Shall reside within and be a qualified
    voter of the district represented. (TCA 5-5-102)

 

SHERIFF - (4
year term)
  • Basic qualifications of TCA 8-18-101;
    and
  • 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)
  • A person shall:

    1. Be a citizen or the United States;

    2. Be at least twenty-five (25) years of age prior to the date of
    qualifying for election;

    3. Be a qualified voter of the county;

    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 Tennessee Bureau of Investigation. 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 twelve (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;

  • Shall file with the POST commission,

    (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.

 

TRUSTEE - (4
year term)
  • Basic qualifications of TCA 8-18-101
  • Shall reside within the county. (TCA
    8-48-101)


 

REGISTER OF DEEDS
- (4 year term)
  • Basic qualifications of TCA 8-18-101
  • Shall reside within the county. (TCA
    8-48-101)

 

CIRCUIT COURT
CLERK - (4 year term)
  • Basic qualifications of TCA 8-18-101;
    and
  • Shall reside in the county wherein
    the court is held. (TCA 18-1-102)

 

COUNTY CLERK
- (4 year term)
  • Basic qualifications of TCA 8-18-101
  • Shall reside within the county. (TCA
    8-48-101)


 

ASSESSOR OF
PROPERTY - (4 year term)
  • Basic qualifications of TCA 8-18-101;
    and
  • Shall reside within the county. (TCA
    8-48-101)
  • No member of the county legislative
    body shall be eligible to hold the office of assessor. (TCA 67-1-503)

 

COUNTY ROAD SUPERINTENDENT
- (4 year term)
  • Basic qualifications of TCA 8-18-101;
    and
  • Shall reside within the county. (TCA
    8-48-101)
  • 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)
  • A person shall:

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

    2. Have at least four (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); and

    4. Be a high school graduate or have obtained a GED.
  • EXCEPTIONS:

    1. Carroll, Hancock, Jackson, Macon, Williamson and Wilson counties
    - 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)

 

COUNTY SCHOOL
BOARD - (4 year term)
  • Basic qualifications of TCA 8-18-101;
    and
  • 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)

 

ONEIDA SPECIAL
SCHOOL DISTRICT BOARD - (4 year term)
  • Basic qualifications of TCA 8-18-101;
    and
  • Shall be more than 21 years old.
  • Shall reside within and be a qualified
    voter in the Oneida Special School District - (Private Act dated May
    29, 1975
  • Before qualifying, 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)

 

CONSTABLE - (4
year term)
  • Basic qualifications of TCA 8-18-101;
  • A person shall:

    1. Be at least twenty-one (21) years of age;

    2. Be a qualified voter of the district;

    3. Be able to read and write;

    4. Not have been convicted in any federal or state court of a felony;
    and

    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 his 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)

 

TOWN OF HUNTSVILLE
- (2 year term)
  • Basic qualifications of TCA 8-18-101;
    and
  • Must have resided within the municipality
    for at least one (1) year next preceding the election. (TCA 6-3-103)

 

TOWN OF ONEIDA -
(4 year term)
  • Basic qualifications of TCA 8-18-101;
    and
  • Must be qualified voters in the Town
    of Oneida. (Private Acts dated March 22, 1917, Section 4)


 

TOWN OF WINFIELD
- (4 year term)
  • Basic qualifications of TCA 8-18-101;
    and
  • Must have resided within the municipality
    for at least one (1) year next preceding the election. (TCA 6-3-101)

 



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