How to run for 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.

General Provisions Governing the Causes of Vacancies:

The causes of vacancies are set out in TCA § 8-48-101.  This section provides that any office in this state is vacated by the following:

  1. Death of the incumbent;
  2. Resignation, when permitted by law;
  3. Ceasing to be a resident of the state, or of the district, circuit, or county for which he was elected or appointed;
  4. Decision of a competent tribunal declaring the election or appointment void or the office vacant;
  5. Act of the general assembly abridging the term of office, where it is not fixed by the constitution;
  6. 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. Adjudication of the incumbent’s insanity.