Tennessee § 17-4-106 - Written declaration of candidacy required.

§ 17-4-106. Written declaration of candidacy required.

An incumbent judge of the supreme court, the court of appeals, or the court of criminal appeals who seeks to be retained in the office to which the incumbent judge was appointed and confirmed must qualify by filing with the state election commission a written declaration of candidacy to be retained for a full term or an unexpired term. The declaration must be filed not later than twelve o'clock (12:00) noon, prevailing time, on the first Thursday in January before the regular August election. A judge confirmed after the first Thursday in January in the same year as the regular August election must file the declaration no later than the first Thursday occurring at least one (1) full week after the judge's confirmation. After timely filing the declaration, a candidate may withdraw by filing a notice of withdrawal with the state election commission not later than twelve o'clock (12:00) noon, prevailing time, on the seventh day after the deadline for filing the declaration of candidacy. If the declaration of candidacy is timely filed, then only the name of the candidate, without party designation, shall be submitted to the qualified voters of the state in the regular August election. Each county election commission of the state shall cause the following to be placed on the ballot: Shall (Name of Candidate) be retained in office as a Judge of the (Name of Court) or be replaced? Retain OR Replace If the declaration of candidacy is not timely filed, then the judge's name shall not be submitted to the qualified voters of the state. If a majority of those voting on the question vote to retain the candidate, then the candidate is duly elected to the office and shall be given a certificate of election. If a majority or one-half (½) of those voting on the question vote not to retain the candidate, then a vacancy exists in the office as of September 1 following the regular August election. The governor shall fill the vacancy subject to confirmation by the general assembly in accordance with this part. A candidate who has been defeated in any retention election held under this chapter shall not be eligible for reappointment to the seat for which the candidate was defeated until one (1) regular August election has occurred subsequent to the defeat. An incumbent judge on the supreme court, the court of appeals, or the court of criminal appeals who does not file a declaration of candidacy for election within the prescribed time, who withdraws as a candidate for election, or who is not retained in a retention election, shall end the judge's term on August 31 of that year. The governor shall fill the office subject to confirmation by the general assembly in accordance with this part. Acts 2009, ch. 517, § 1; 2012, ch. 853, § 1; 2016, ch. 528, § 14. Compiler's Notes. Former part 1, §§ 17-4-101 — 17-4-112 , 17-4-114 — 17-4-118 (Acts 1971, ch. 198, §§ 1-12, 14-16; impl. am. Acts 1972, ch 740, § 6; Acts 1973, ch. 265, §§ 1-7; 1974, ch. 433, § 1; 1976, ch. 712, § 1; 1982, ch. 590, § 1; T.C.A., §§ 17-701 — 17-712, 17-714 — 17-716, modified; Acts 1986, ch. 624, §§ 1-4; 1989, ch. 431, § 1; 1993, ch. 66, §§ 37, 38; 1993, ch. 196, §§ 6, 7; 1994, ch. 942, §§ 3-14, 16-20; 1999, ch. 315, §§ 2-10; 2001, ch. 459, §§ 3-8), concerning judicial selection, was repealed by Acts 2009, ch. 517, § 1, effective July 1, 2009. For provisions concerning judicial nomination, see this part. For the Preamble to the act concerning an orderly procedure for the appointment, confirmation, and retention of appellate court judges as required by Tennessee Constitution, Article VI, Section 3, please refer to Acts 2016, ch. 528. Amendments. The 2012 amendment rewrote (b) which read: “No member shall be eligible for reappointment for a successive term, unless the member’s previous appointment was for an initial or partial term of twenty-four (24) months or less.” The 2016 amendment rewrote the section which read: “(a) Except as otherwise provided in § 17-4-102(b) or § 17-4-107(a) , the term of a member of the judicial nominating commission shall be six (6) years.“(b) Members shall be eligible for reappointment for a successive term.” Effective Dates. Acts 2009, ch. 517, § 6. July 1, 2009. Acts 2012, ch. 853, § 5. April 27, 2012. Acts 2016, ch. 528, § 23. January 28, 2016.