HB2389113th GA (Historical)Introduced

Amends TCA Title 8, Chapter 10.

QUALIFICATION FOR OFFICE<br /> <br /> Present law requires, to qualify for election or appointment to the office of constable, a person to satisfy the following criteria:<br /> <br /> (1) Be at least 21;<br /> <br /> (2) Be a qualified voter of the district and a resident of the county for one year prior to the date of the qualifying deadline for running as a candidate for constable;<br /> <br /> (3) (i) Any person holding the office of constable on or before June 30, 2011, must be able to read and write; (ii) any person elected or appointed to the office of constable on or after July 1, 2011, must possess at least a high school diploma or high school equivalency credential approved by the state board of education; however, this does 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;<br /> <br /> (4) Not have been convicted in any federal or state court of a felony; and<br /> <br /> (5) Not have been separated or discharged from the armed forces of the United States with other than an honorable discharge. However, this does not apply to Scott County, if a person has served in the office of constable for 10 or more years.<br /> <br /> However, the above provisions do not apply to Fentress County. This bill deletes this exception.<br /> <br /> FILING REQUIREMENTS<br /> <br /> Present law requires a person seeking the office of constable to file with the county election commission, along with the nominating petition the following:<br /> <br /> (A) An affidavit signed by the candidate affirming that the candidate meets the requirements of the existing law regarding qualifications for office. 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<br /> <br /> (B) 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.<br /> <br /> Present law provides that a constable in office on and elected prior to July 1, 2023, or a constable who complied with (B) above and is seeking reelection on or after July 1, 2023, is not required to resubmit the letter or obtain a new letter pursuant to (B) above.<br /> <br /> Present law provides that candidates for the office of constable to which (B) above applies are responsible for covering the costs of cognitive and psychological testing.<br /> <br /> However, the above provisions regarding filing requirements do not apply to Fentress County. This bill deletes this exception.<br /> <br /> FENTRESS COUNTY AGE REQUIREMENT<br /> <br /> Finally, present law prohibits a person under 18 from being eligible to the office of constable in Fentress County. This bill deletes this provision.<br />

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Overview

QUALIFICATION FOR OFFICE<br /> <br /> Present law requires, to qualify for election or appointment to the office of constable, a person to satisfy the following criteria:<br /> <br /> (1) Be at least 21;<br /> <br /> (2) Be a qualified voter of the district and a resident of the county for one year prior to the date of the qualifying deadline for running as a candidate for constable;<br /> <br /> (3) (i) Any person holding the office of constable on or before June 30, 2011, must be able to read and write; (ii) any person elected or appointed to the office of constable on or after July 1, 2011, must possess at least a high school diploma or high school equivalency credential approved by the state board of education; however, this does 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;<br /> <br /> (4) Not have been convicted in any federal or state court of a felony; and<br /> <br /> (5) Not have been separated or discharged from the armed forces of the United States with other than an honorable discharge. However, this does not apply to Scott County, if a person has served in the office of constable for 10 or more years.<br /> <br /> However, the above provisions do not apply to Fentress County. This bill deletes this exception.<br /> <br /> FILING REQUIREMENTS<br /> <br /> Present law requires a person seeking the office of constable to file with the county election commission, along with the nominating petition the following:<br /> <br /> (A) An affidavit signed by the candidate affirming that the candidate meets the requirements of the existing law regarding qualifications for office. 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<br /> <br /> (B) 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.<br /> <br /> Present law provides that a constable in office on and elected prior to July 1, 2023, or a constable who complied with (B) above and is seeking reelection on or after July 1, 2023, is not required to resubmit the letter or obtain a new letter pursuant to (B) above.<br /> <br /> Present law provides that candidates for the office of constable to which (B) above applies are responsible for covering the costs of cognitive and psychological testing.<br /> <br /> However, the above provisions regarding filing requirements do not apply to Fentress County. This bill deletes this exception.<br /> <br /> FENTRESS COUNTY AGE REQUIREMENT<br /> <br /> Finally, present law prohibits a person under 18 from being eligible to the office of constable in Fentress County. This bill deletes this provision.<br />

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Sponsor

Unknown

Details
Session

113th General Assembly

Introduced

January 30, 2024

Subjects
110017451095

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