Tennessee § 8-10-102 - Qualifications for office.

§ 8-10-102. Qualifications for office.

Except as provided in subdivision (a)(2), to qualify for election or appointment to the office of constable, a person shall: Be at least twenty-one (21) years of age; Be a qualified voter of the district; Any person holding the office of constable on or before June 30, 2011, shall be able to read and write; Any person elected or appointed to the office of constable on or after July 1, 2011, shall possess at least a high school diploma or general educational development certificate (GED(R)); provided, however, that this subdivision (a)(1)(C)(ii) shall not apply to any person holding the office of constable on June 30, 2011, and who is re-elected to the office of constable on or after July 1, 2011, without any interruption in holding such office; Not have been convicted in any federal or state court of a felony; and Not have been separated or discharged from the armed forces of the United States with other than an honorable discharge. This subdivision (a)(1)(E) does not apply to any county having a population of not less than eighteen thousand two hundred (18,200) nor more than eighteen thousand five hundred (18,500), according to the 1990 federal census or any subsequent federal census, if a person has served in the office of constable for ten (10) or more years. This subsection (a) does not apply to a county having a population of not less than fourteen thousand six hundred fifty (14,650) nor more than fifteen thousand (15,000), according to the 1990 federal census or any subsequent federal census. Except as provided in subdivision (b)(2), any person seeking the office of constable shall file with the county election commission, along with the nominating petition, an affidavit signed by the candidate affirming that the candidate meets the requirements of this section. In the event that person seeks election to the office of constable by the county legislative body to fill a vacancy in office, the same affidavit shall be filed with the county clerk prior to the election. This subsection (b) does not apply to a county having a population of not less than fourteen thousand six hundred fifty (14,650) nor more than fifteen thousand (15,000), according to the 1990 federal census or any subsequent federal census. In counties having a population of not less than fourteen thousand six hundred fifty (14,650) nor more than fifteen thousand (15,000), according to the 1990 federal census or any subsequent federal census, no person under eighteen (18) years of age is eligible to the office of constable. Code 1858, § 396; Shan., § 487; Code 1932, § 733; impl. am. Acts 1971, ch. 162, § 3; Acts 1973, ch. 76, § 1; T.C.A. (orig. ed.), § 8-1002; Acts 1996, ch. 686, §§ 1, 4; 1997, ch. 554, § 1; 2011, ch. 481, § 1. Compiler's Notes. For table of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement. Acts 2011, ch. 481, § 4 provided that the act, which rewrote subdivision (a)(1)(C), shall apply to any election or appointment to the office of constable on or after July 1, 2011. Attorney General Opinions. Franklin County constables, OAG 00-050, 2000 Tenn. AG LEXIS 50 (3/20/00). The minimum age for a person to seek the office of constable for a county with a population of 12,826 according to the 2000 federal census is 21, OAG 01-152, 2001 Tenn. AG LEXIS 160 (9/25/01). A diploma from a correspondence school is not a high-school diploma for purposes of T.C.A. § 8-10-102(a)(1)(C)(ii) .OAG 14-39, 2014 Tenn. AG LEXIS 42 (3/31/14).