Candidate Qualifications & Petitions

1. Issuing the Petition

• Petitions must generally be obtained from the Hamilton County Election Office. However, T.C.A. § 2-5-102(b)(2) permits nominating petitions for certain state and federal offices to also be obtained from the office of the state coordinator of elections.
• Candidate's name and office sought must be completed at the time of issuance (no titles permitted).
• Anyone may pick up or return the petition, but only the candidate may complete the candidate's section and sign each page.
• Petitions are public records. No photocopies are accepted; if lost, a new original must be obtained.

2. Circulating for Signatures

• Requires 25 valid signatures (excluding the candidate) of eligible voters. (50 recommended). Exception: Independent presidential candidates require signatures from the candidate and twenty-five (25) or more registered voters for each elector allocated to the state (T.C.A. § 2-5-101(b)(1)).
• Voters must sign their own name. Per T.C.A. § 2-1-107(c), a person's regular signature shall be accepted just as their legal signature would be (e.g., "Joe Public" is acceptable for "Joseph Q. Public"). Spouses cannot sign for each other.
• Voters unable to sign due to disability require two (2) witness signatures.
• Voters must list their correct residential address (PO Boxes are not accepted).

3. Filing & Status Process

• A postmark does not satisfy the filing deadline. You will receive a receipt upon physical filing.
• The Commission will notify you in writing if the petition met the required signatures.
• Special affidavits must be filed for Sheriff, Road Superintendent, and Constables. School board candidates are required to file proof of high school graduation or receipt of a GED.
• Candidates for judicial offices requiring an attorney must certify their licensure and place their state Supreme Court registration number directly on the nominating petition (T.C.A. § 2-5-106(a)).
• Felony convictions mandate rights restoration by a court. Note: T.C.A. § 40-20-114(b) permanently disqualifies any individual from holding public office if their infamous crime was committed in their official capacity or involved the duties of their office, even if other citizenship rights have been restored.

4. Withdrawal Process

• Deadlines: The general withdrawal deadline is 12:00 noon on the seventh day after the qualifying deadline (T.C.A. § 2-5-204(b)(1)). However, candidates qualifying under extended statutory deadlines must file any withdrawal request no later than 12:00 noon on the third day after the qualifying deadline.
• Submission Method: A written request bearing the candidate's original signature must be filed physically. While the original notice may not be faxed or phoned to the candidate's county of residence, a copy may be faxed to other applicable counties wholly or partially within the district once the original has been properly filed.

General Qualifications (TCA § 8-18-101)

All persons 18 years of age who are US and TN citizens and have met the residency period required are qualified to hold office, EXCEPT:

• Those convicted of bribery, larceny, or any infamous crime (unless rights are legally restored). Exception: Individuals convicted of an infamous crime are permanently disqualified from holding public office, even if their citizenship rights have been restored, if the offense was committed in the person's official capacity or involved the duties of their office.
• Those with an unpaid judgment for moneys received in an official capacity due to the US, State, or County.
• Those who are defaulters to the treasury at the time of election.
• Soldiers, seamen, marines, or airmen in the regular army or navy or air force of the United States.
• Members of congress and persons holding profit/trust under foreign powers, other states, or the US.

Causes of Vacancies (TCA § 8-48-101)

Any office in this state is vacated by the following:

• Death or legally permitted resignation.
• Ceasing to be a resident of the state, district, circuit, or county for which elected/appointed.
• Decision of a competent tribunal declaring the election void or office vacant.
• Act of the general assembly abridging the term of office (if not fixed by constitution).
• Sentence to the penitentiary by a competent tribunal (subject to restoration if reversed, but not if pardoned).
• Adjudication of the incumbent's insanity.

Statutory Rules & Exceptions

• Bona Fide Membership: T.C.A. § 2-13-104 dictates that all candidates for the general assembly and state executive committee must be bona fide members of the political party whose election they seek, and permits parties to explicitly require by rule that candidates for its other nominations be bona fide members of the party.
• Military Exception: The statutory exception found in T.C.A. § 2-13-115 dictates that an honorably discharged veteran, National Guard member, or inactive reservist in good standing must not be disqualified as a candidate if they were unable to comply with the party's rules for candidacy solely for service-related reasons.
• Disqualification Process: If a political party decides to disqualify a candidate under its rules, T.C.A. § 2-5-204(b)(2)(A) requires the party's executive committee to file its determination with the state coordinator of elections no later than 12:00 noon prevailing time on the seventh day after the qualifying deadline.