Attorney General Opinions 
Relating to County Government

2002 Elections

  • The ban on display of campaign signs within 100 feet of the entrance to a polling place does not apply to the display of campaign signs on private property adjacent to and within 100 feet of the entrance to the polling place.  Opinion No. 02-118 (October 24, 2002).
  • An individual who has an unpaid civil penalty assessed by the Registry of Election Finance or a county election commission, or an individual who has not filed a required disclosure report, cannot qualify to win as a write-in candidate and take office unless the penalty is paid or the report is filed on or before election day.  Opinion No. 02-082 (July 19, 2002).
  • The same individual would be prohibited under T.C.A. § 2-5-101(f)(5) from running for the office of constable and sheriff in the same election.  Whether the two offices are incompatible under the common law depends on an analysis of the relevant facts and circumstances.  Opinion No. 02-012 (January 18, 2002).
  • A candidate for the office of sheriff must have been certified by a qualified professional in the psychiatric or psychological fields to be free of all apparent mental disorders, and this information must be filed with the POST Commission at least 14 days prior to the qualifying deadline.  The statute does not specify when the mental examination must have been performed, but it does require that certification be made on a form developed by the POST Commission and the POST Commission could reasonably require that its most recent form be used.  Also, the form must contain the statutorily required statement that the person signing the form do so under penalty of perjury.  When the examination is performed would be up to the examiner’s professional judgment under current professional standards. Opinion No. 02-009 (January 9, 2002).
  • The doctrine of separation of powers does not bar the same individual from holding a legislative office in city government (city alderman) and an executive office in county government (constable).  Opinion No. 02-008 (January 9, 2002).
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