8-10-102 - Minimum age.
8-10-102. Minimum age.
(a) (1) Except as provided in subdivision (a)(2), 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;
(C) Be able to read and write;
(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 18,200 nor more than 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) 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.
(b) (1) 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.
(2) 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.
(c) 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.]