8-16-101 - Election Residency requirement Eligibility. - Tennessee Statutes

8-16-101. Election Residency requirement Eligibility.

(a)  There shall be elected by the members of the county legislative body as many notaries public as they may deem necessary. In addition to any other requirement imposed by law, a person must be a United States citizen or a legal permanent resident in order to hold the office of notary public. At the time of their election, all notaries must be residents of the county, or have their principal place of business in the county, from which they were elected. If an individual's principal place of business is in any county in the state of Tennessee, the individual is eligible for election as a notary in that county, although the individual may reside in a state other than Tennessee.

(b)  Nothing contained within the provisions of § 5-5-102(c)(2), or any other law, shall be construed to prohibit a member of a county legislative body from also serving as a notary public; provided, that such member complies with the requirements established within this part.

(c)  In addition to any other eligibility requirements, each person applying for election as a notary public shall certify under penalty of perjury that such person:

     (1)  Has never been removed from the office of notary public for official misconduct;

     (2)  Has never had a notarial commission revoked or suspended by this or any other state; and

     (3)  Has never been found by a court of this state or any other state to have engaged in the unauthorized practice of law.

[Code 1858, § 1792 (deriv. Acts 1835-1836, ch. 11, § 1; 1851-1852, ch. 331, § 2; 1853-1854, ch. 139, § 1); Acts 1881, ch. 64, § 1; Shan., § 3194; mod. Code 1932, § 5892; Acts 1971, ch. 142, § 1; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 8-1601; Acts 1989, ch. 334, § 1; 1993, ch. 418, § 3; 2004, ch. 854, §§ 1, 2; 2008, ch. 834, § 1.]