Tennessee § 2-1-112 - Restrictions on commission or board membership or service as campaign manager or treasurer or election official.

§ 2-1-112. Restrictions on commission or board membership or service as campaign manager or treasurer or election official.

An elected official or an employee of a municipal, county, state, or federal governmental body or agency shall not serve as a member of a county election commission. A member of a county election commission shall not serve as the campaign manager or treasurer of any candidate's political campaign in a local, state, or federal election during the commissioner's term of office. A violation of this subdivision (a)(2) subjects the member to immediate removal from office by a majority vote of the state election commission. This subdivision (a)(2) does not prohibit a member of the county election commission from providing uncompensated advice on a one-on-one basis to a candidate or party officer, nor does it prohibit providing a financial contribution to a candidate or party organization. A candidate in an election shall not act in connection with that election as a member of any board or commission established under this title or as an election official. The following persons shall not serve as election officials: An employee of a county or city who works directly under the supervision of an elected official who is on the ballot; The spouse, parent, father-in-law, mother-in-law, child, son-in-law, daughter-in-law, grandparent, grandchild, brother, sister, brother-in-law, sister-in-law, uncle, aunt, nephew, or niece of a candidate or declared write-in candidate to be voted for at the election in that precinct or district. This subdivision (b)(2) disqualifies a person whose relationship to the candidate is the result of birth, marriage, or adoption. This subdivision (b)(2) does not disqualify a person from serving as an election official if the candidate to whom the person is related is an unopposed candidate. For purposes of this subdivision (b)(2), an “unopposed candidate” includes an individual whose nomination to an office at a primary election is unopposed by any other candidate within the same political party; or A member of a reserve unit of the United States army, air force, marine corps or navy, or a member of the national guard who is on active duty. Acts 1972, ch. 740, § 1; 1978, ch. 538, § 1; 1979, ch. 304, § 1; T.C.A., § 2-112; Acts 1981, ch. 106, § 1; 1984, ch. 664, § 1; 2005, ch. 163, § 5; 2008, ch. 1051, § 1; 2013, ch. 146, §§ 1-3; 2020, ch. 655, § 3. Amendments. The 2020 amendment rewrote this section, which read: “(a)(1) Neither an elected official nor an employee of a county, municipal or federal governmental body or agency or of an elected official may serve as a member of a county election commission or as a member of a county primary board or as an election official. No candidate in an election may act in connection with that election as a member of any board or commission established under this title or as an election official.“(2) No state employee may serve as a member of a county election commission or as a member of a county primary board.“(3) No member of a county election commission who is appointed to the commission after January 1, 2009, shall be the campaign manager or treasurer of any candidate's political campaign in a local, state or federal election during the commissioner's term of office. A violation of this subdivision (a)(3) subjects the member to immediate removal from office by a majority vote of the state election commission. Nothing in this subdivision (a)(3) shall be construed to prohibit a member of the county election commission from providing uncompensated advice on a one-on-one basis to a candidate or party officer, nor shall it prohibit providing a financial contribution to a candidate or party organization.”;“(b) (1) This section does not disqualify any person who is within its terms solely because the person is a notary public, or a member of a reserve unit of the United States army, air force, marine corps or navy, or a member of the national guard unless the person is a full-time employee or member of such reserve unit or the national guard, or unless the person is on active duty.“(2) This section does not disqualify any employee of a county or city school system who does not work directly under the supervision of an elected official.“(3) This section does not disqualify any person from service as an officer of elections, judge, machine operator, assistant precinct registrar or inspector because the person is a member of a reserve unit of the United States army, air force, marine corps or navy or the national guard except while the person is on active duty.” Effective Dates. Acts 2020, ch. 655, § 7. April 2, 2020. Cross-References. Qualifications of commissioners, § 2-12-102 . State election commissioners prohibited from serving as political candidate's campaign manager or treasurer, § 2-11-111 . Attorney General Opinions. T.C.A. § 2-1-112(a) would not prohibit a city or county elected official from serving on the state election commission, OAG 02-117 (10/22/02). T.C.A. § 2-1-112(a) prohibits a candidate for election or reelection to a county or city office or for election to any other state or local office from serving as a member of the state election commission, OAG 02-117 (10/22/02). A member of the county election commission may not serve as a member of the county civil service board, OAG 02-121 (10/30/02). A quo warranto action appears to be the proper vehicle for challenging the qualifications of an individual. prohibited from serving by T.C.A. § 2-1-112 , OAG 05-049 (4/19/05). In light of T.C.A. § 2-1-112 , an individual who works for county school board in an administrative, non-teacher capacity may not serve on a county election commission, OAG 05-049 (4/19/05). Constitutionality of restriction on political activity of election commissioners, OAG 07-023 (3/1/07). County election commissioner serving on county board of public utilities. OAG 13-77, 2013 Tenn. AG LEXIS 78 (10/17/13).