Tennessee § 8-16-101 - Election — Residency requirement — Eligibility.

§ 8-16-101. Election — Residency requirement — Eligibility.

There shall be elected by the members of the county legislative body as many notaries public as they may deem necessary. In addition to any other requirement imposed by law, a person must be a United States citizen or a legal permanent resident in order to hold the office of notary public. At the time of their election, all notaries must be residents of the county, or have their principal place of business in the county, from which they were elected. If an individual's principal place of business is in any county in the state of Tennessee, the individual is eligible for election as a notary in that county, although the individual may reside in a state other than Tennessee. Nothing contained within § 5-5-102(c)(2), or any other law, shall be construed to prohibit a member of a county legislative body from also serving as a notary public; provided, that such member complies with the requirements established within this part. In addition to any other eligibility requirements, each person applying for election as a notary public shall certify under penalty of perjury that such person: Has never been removed from the office of notary public for official misconduct; Has never had a notarial commission revoked or suspended by this or any other state; and Has never been found by a court of this state or any other state to have engaged in the unauthorized practice of law. Code 1858, § 1792 (deriv. Acts 1835-1836, ch. 11, § 1; 1851-1852, ch. 331, § 2; 1853-1854, ch. 139, § 1); Acts 1881, ch. 64, § 1; Shan., § 3194; mod. Code 1932, § 5892; Acts 1971, ch. 142, § 1; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 8-1601; Acts 1989, ch. 334, § 1; 1993, ch. 418, § 3; 2004, ch. 854, §§ 1, 2; 2008, ch. 834, § 1. Compiler's Notes. Former parts 2-3 of this chapter were rearranged by Acts 2004, ch. 854, which combined parts 1, 2 and 3 into one part. Acts 2004, ch. 854, § 17 provided that after July 1, 2004, all references contained in the Tennessee Code Annotated to “notary at large” or “notary public at large” shall be deemed references to “notary public for the state of Tennessee”. Cross-References. Election by county legislative body, § 5-5-111 . Fees and compensation for services, § 8-21-1201 . Powers of officers of armed forces, §§ 58-1-234 , 58-1-605 — 58-1-607 . Textbooks. Tennessee Jurisprudence, 20 Tenn. Juris., Notary Public, § 1. Law Reviews. Selected Tennessee Legislation of 1986, 54 Tenn. L. Rev. 457 (1987). Attorney General Opinions. United States citizenship requirement, proposed, OAG 94-059, 1994 Tenn. AG LEXIS 61 (4/15/94). Inability of the state to require notaries public to be United States citizens. (Opinion No. 94-059 reaffirmed), OAG 06-026, 2006 Tenn. AG LEXIS 26 (2/7/06). Qualifications for individuals seeking commission as a notary public, OAG 07-076, 2007 Tenn. AG LEXIS 76 (5/22/07). A notary public is a state official whose duties are prescribed by statute, OAG 07-157, 2007 Tenn. AG LEXIS 157 (11/26/07). Complaints of criminal misconduct by a notary public should be directed to the appropriate law enforcement agency in the municipality or county in which the alleged conduct took place, OAG 07-157, 2007 Tenn. AG LEXIS 157 (11/26/07).