§ 8-10-102 — Qualifications for office

(a) (1) To qualify for election or appointment to the office of constable, a person shall: (A) Be at least twenty-one (21) years of age; (B) Be a qualified voter of the district and a resident of the county for one (1) year prior to the date of the qualifying deadline for running as a candidate for constable; (C) (i) Any person holding the office of constable on or before June 30, 2011, shall be able to read and write; (ii) 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 high school equivalency credential approved by the state board of education; 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; (D) Not have been convicted in any federal or state court of a felony; and (E) (i) Not have been separated or discharged from the armed forces of the United States with other than an honorable discharge. (ii) 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. (2) [Deleted by 2024 amendment.] (b) (1) (A) A person seeking the office of constable shall file with the county election commission, along with the nominating petition: (i) An affidavit signed by the candidate affirming that the candidate meets the requirements of this section. In the event that the candidate seeks election to the office of constable by the county legislative body to fill a vacancy in office, the same affidavit must be filed with the county clerk prior to the election; and (ii) A letter from a psychologist licensed in this state who has conducted a cognitive and psychological test on the candidate stating that the candidate is mentally and cognitively fit to perform the duties of a constable. In the event that the candidate seeks election to the office of constable by the county legislative body to fill a vacancy in office, the same letter must be filed with the county clerk prior to the election. (B) A constable in office on and elected prior to July 1, 2023, or a constable who complied with subdivision (b)(1)(A)(ii) and is seeking reelection on or after July 1, 2023, is not required to resubmit the letter or obtain a new letter pursuant to subdivision (b)(1)(A)(ii). (C) Candidates for the office of constable to which subdivision (b)(1)(A)(ii) applies are responsible for covering the costs of cognitive and psychological testing. (2) [Deleted by 2024 amendment.] (c) [Deleted by 2024 amendment.]

Legislative History

Amended by 2024 Tenn. Acts, ch. 637,s 3, eff. 4/3/2024. Amended by 2024 Tenn. Acts, ch. 637,s 2, eff. 4/3/2024. Amended by 2024 Tenn. Acts, ch. 637,s 1, eff. 4/3/2024. Amended by 2023 Tenn. Acts, ch. 114, s 4, eff. 7/1/2023. Amended by 2023 Tenn. Acts, ch. 65, s 1, eff. 7/1/2023. Amended by 2022 Tenn. Acts, ch. 809, s 2, eff. 9/1/2022. 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.