Monroe County sheriff's candidate Randy White can hold the office if he's elected on August 7th, even though the state said it should never certified him to be on the ballot.
White is challenging current Sheriff Bill Bivens.
The issue has been confusing to voters and many of them have voiced their concerns to 10News. Monroe County Administrator of Elections, James Brown, said they too have received many phone calls and questions.
With early voting underway, voters are asking: Why White can remain on the ballot? And if he's elected, can he be sheriff?
"We received the letter after the withdrawal date. There's no way to take his name off the ballot," Brown said. "If Mr. White receives the most popular vote, the current sheriff is defeated and will leave office."
The Peace Officer Standards and Training (POST) commission previously certified White to be on the ballot. Brown said after talking to the state coordinator of elections office in Nashville, the election commission has done everything according to the law.
But a POST investigation because of a complaint about White's work experience showed he did not meet the qualifications to be on the ballot.
At a hearing, they rescinded his POST certification to be on the ballot on July 18. It does not affect his certification as a law enforcement officer.
DOCUMENT: POST ballot certification of Randy White
Tennessee law says you must have three years of full-time law enforcement experience in the past 10 years to run for sheriff.
POST said in a letter to Brown dated July 22, White does not have the required three years of full-time experience within the past 10 years.
White's attorney, Chuck Burks, said White worked full-time for the Monroe County Sheriff's Office from October 2004 to September 2007. To get his remaining experience needed, Burks said, he worked for Vonore Police Department from March 2012 to November 2012. He said he worked out an agreement to only receive $40-$60 per week because he knew the city did not have enough money to pay him.
White serves as the EMS director for the county.
If White wins, POST's attorney Joseph Underwood said they do not have the authority to remove him from office.
Underwood said Bivens could file a lawsuit and then the chancellor would decide if he is eligible for office.
POST also sent the report to the district attorney general for Monroe County to determine if any criminal activity happened when White filed his paperwork to be certified for the election.