General Qualifications

GENERAL QUALIFICATIONS

TCA 8-18-101.

Persons over the age of 18 who are citizens of the United States and of this state, and have been residents for the period required by the office they seek, are qualified to hold office except for the following:

  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 by the courts or departments of Paroles;
  2. Those against whom there is a judgement unpaid for any moneys received by them in any official capacity, due to the United States, this state, or any county thereof;
  3. Those who are defaulters to the treasury at the time of the election;
  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.

 

VACANCIES

TCA 8-48-101

Any office in this state is vacated by the following:

  1. By the death of the incumbent;
  2. By the resignation when permited by law;
  3. By ceasing to be a resident of the state, or of the district, circuit, or county for which he or she was elected;
  4. By the decision of a competent tribunal, declaring the election or appointment void or the office vacant;
  5. By an act of the General Assembly abridging the term of office, where it is not fixed by the constitution;
  6. By the sentence of the incumbent, by any competent tribunal in this or any other state, to the penitentiary, subject to restoration if the judgement is reversed, but not if the incumbent is pardoned; or
  7. By due adjudication of the incumbent’s insanity.

 

DISQUALIFICATIONS

TCA 40-20-114

Every person convicted of a felony or an infamous crime and sentenced to the penitentiary, either on the state or federal level, is disqualified from qualifying for, seeking or holding any office under the authority of this state unless and until such person’s citizenship rights have been restored by a court of competent jurisdiction.