Causes of Vacancies

  1. Law
  2. Tennessee Code
  3. Public Officers and Employees
  4. Vacancies in Office
  5. General Provisions
  6. Causes of Vacancies

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Any office in this state is vacated by:

  1. The death of the incumbent;
  2. The incumbent's resignation, when permitted by law;
  3. Ceasing to be a resident of the state, or of the district, circuit, or county for which the incumbent was elected or appointed;
  4. The decision of a competent tribunal, declaring the election or appointment void or the office vacant;
  5. An act of the general assembly abridging the term of office, where it is not fixed by the constitution;
  6. The 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
  7. Due adjudication of the incumbent's insanity.

Code 1858, § 797; Shan., § 1118; mod. Code 1932, § 1859; T.C.A. (orig. ed.), § 8-2801.

Cross-References. County officer's failure to enter into bond, declaring office vacant, §8-19-206.

Failure to file bond in time, vacation of office, §8-19-117.

Failure to give additional bond, vacation of office, §8-19-405.

Failure to give new bond upon release of surety, vacation of office, §8-19-411.

Impeachments, Tenn. Const., art. V, §§ 1-5; title 8, ch. 46.

Officers liable to indictment and removal, Tenn. Const., art. V, § 5; §8-47-101.

Officers subject to impeachment, Tenn. Const., art. V, § 4; §8-46-101.

Removal of officers, Tenn. Const., art. V, § 5; art. VI, § 6; title 8, ch. 47.

Suspension from office pending removal hearing, §8-47-116.

Textbooks. Tennessee Jurisprudence, 17 Tenn. Juris., Justices of Peace and General Sessions Courts, § 7; 21 Tenn. Juris., Public Officers, §§ 23-30.

Law Reviews.

Public Officers — Holding Over After Void Election, 31 Tenn. L. Rev. 563 (1964).

Attorney General Opinions. Payment of mayor's salary during voluntary leave of absence, OAG 98-0127, 1998 Tenn. AG LEXIS 127 (7/20/98).

Residency requirements for city officials, OAG 99-075, 1999 Tenn. AG LEXIS 75 (4/5/99).

Residency requirement for commissioners of city housing authority, OAG 04-092, 2004 Tenn. AG LEXIS 101 (5/13/04).

Filling of vacancy in state senate if election is declared void, OAG 06-005, 2006 Tenn. AG LEXIS 5 (1/9/06).

Voiding of election, OAG 06-074, 2006 Tenn. AG LEXIS 83 (4/21/06).

T.C.A. §8-48-101(3) would not cause an alderman to vacate his or her office so long as he or she continues to reside in the district as defined in the governing charter, OAG 08-196, 2008 Tenn. AG LEXIS 241 (12/31/08).

Vacancy on county commission.  OAG 12-79, 2012 Tenn. AG LEXIS 75 (7/31/12).


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