Tennessee § 8-8-419 - Political activity restricted.

§ 8-8-419. Political activity restricted.

No person holding a position in the classified service shall take an active part in any political campaign while on duty. No employee of the sheriff's department shall solicit money for political campaigns; provided, that such restriction shall not prohibit an employee, including a deputy sheriff, who is running for an elected office from soliciting and accepting campaign contributions for such person's own election campaign if the person is not on duty or in uniform when such activities occur. No employee of the sheriff's office shall make any public endorsement of any candidate in any campaign for elected office; provided that, if an employee or deputy sheriff is running for an elected office then such restriction shall not apply to that employee or deputy sheriff's own campaign. A deputy sheriff shall not use such position to reflect the deputy sheriff's personal political feelings as those of the sheriff's department or to exert any pressure on anyone to influence that person's political views. No employee while on duty, nor any officer while in uniform, shall display any political advertising or paraphernalia on such person's body or automobile. However, nothing in this part shall be construed to prohibit or prevent any such employee from becoming or continuing to be a member of a political club or organization and enjoying all the rights and privileges of such membership or from attending any political meetings, while not on duty. Such employee shall not be denied freedom in the casting of a vote. Any person violating this section shall be dismissed from the service of the office of the sheriff. Acts 1974, ch. 751, § 19; T.C.A., § 8-858; Acts 2010, ch. 1025, § 1. Attorney General Opinions. Political campaigning by sheriffs’ employees, OAG 06-093, 2006 Tenn. AG LEXIS 102 (5/17/06). Deputy sheriff as candidate for county commission. OAG 10-08, 2010 Tenn. AG LEXIS 8 (1/25/10). Deputy sheriff as candidate for political office. OAG 10-29, 2010 Tenn. AG LEXIS 29 (3/10/10). Acts 2010, ch. 1025 does not apply to fundraising or campaign activities that took place before it became law. Retroactive application is inconsistent with the language of the act; nor does the legislative history of the act reflect any intent to apply it retroactively.OAG 10-95, 2010 Tenn. AG LEXIS 101 (8/27/10).