Eligibility to Hold Office

  1. Law
  2. Tennessee Code
  3. Public Officers and Employees
  4. Eligibility, Commissions, and Oaths
  5. Eligibility to Hold Office

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All persons eighteen (18) years of age or older 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 any other offense declared infamous under § 40-20-112, unless restored to citizenship under title 40, chapter 29; except those who have been convicted of an infamous crime if the offense was committed in the person's official capacity or involved the duties of the person's office, in which case the person shall forever be disqualified from holding office;
  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 of this state;
  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, sailors, 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.

Code 1858, § 748 (deriv. Const., 1834, art. 2, § 10; art. 6, § 7; art. 9, § 3; art. 10, § 3; Acts 1843-1844, ch. 197, § 2); Shan., § 1069; mod. Code 1932, § 1812; modified; impl. am. Acts 1971, ch. 162, § 3; Acts 1973, ch. 76, § 1; T.C.A. (orig. ed.), § 8-1801; Acts 1980, ch. 453, § 1; 1989, ch. 320, § 1; 1993, ch. 373, § 1; 2019, ch. 281, § 1.

Compiler's Notes. Section 2 of Acts 1975, ch. 4 amended this section only as it applies to Hawkins and Sullivan Counties.

Amendments. The 2019 amendment rewrote (1), which read: “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;”.

Effective Dates. Acts 2019, ch. 281, § 4. July 1, 2019.

Cross-References. Atheism as disqualification, Tenn. Const., art. IX, § 2.

Bribery as disqualification, Tenn. Const., art. X, § 3.

Conviction of an infamous crime, §40-20-114.

Defaulters are ineligible, Tenn. Const., art. II, § 25.

Dual office-holding prohibited, Tenn. Const., art. II, § 26.

Dueling as disqualification, Tenn. Const., art. IX, § 3.

Minister or priest ineligible for seat in general assembly, Tenn. Const., art. IX, § 1.

Official misconduct, §39-16-406.

Official oppression, penalty, §39-16-403.

Restoration of citizenship, title 40, ch. 29.

Theft of property, §39-14-103.

Textbooks. Tennessee Criminal Practice and Procedure (Raybin), § 24.11.

Tennessee Jurisprudence, 20 Tenn. Juris., Notary Public, § 1; 21 Tenn. Juris., Public Officers, § 4.

Law Reviews.

Tennessee Civil Disabilities: A Systemic Approach (Neil P. Cohen), 41 Tenn. L. Rev. 253 (1974).

Attorney General Opinions. Applicability to incumbent sheriff, OAG 89-129, 1989 Tenn. AG LEXIS 115 (10/3/89).


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