Rep. Vince Dean said he has sought a state attorney general's opinion on whether he can stay in the state House if he wins the Republican nomination for sheriff.
Rep. Dean, Lt. Tim Carroll, retired Lt. Fred Fuson and Jim Hammond are seeking the Republican nomination for sheriff.
Republicans meet Monday at 7 p.m. at the East Ridge Community Center by City Hall to choose delegates. The selection will be made at the same location on March 27.
Rep. Dean said he will leave the Legislature if he gets the nomination and it is ruled that he has to step down.
He said, "I feel I can do more good for Hamilton County as a whole as sheriff."
Rep. Dean said the current law on the books says a legislator who runs for a county office has to step down, but he said that statute "dates to 1796 in a time in North Carolina when the County Commission nominated the sheriff."
He noted it is very unusual for a sitting legislator to run for a county post, saying the attorney general's office did not know of a similar situation.
If he does leave his House District 30 seat, it would be up to the County Commission to name his replacement.
Rep. Dean said he believes he has a good shot at getting the Republican nod and then winning the Aug. 7 election over Democrat Greg Beck, who is on the County Commission.
He said, "In the Republican race, I am the only candidate who has ever won an election. Two have never run and the other twice lost the sheriff race as a Democrat."
Rep. Dean said, "I feel real good about my changes. I have won four elections over 15 opponents in the last 12 years."
He said in the last election he got just about 6,000 fewer votes from his district (covering one-fifth of the county) as did the winning sheriff candidate countywide.
He cited his 27 years with the Chattanooga Police Department, 10 years in East Ridge government and two years in the General Assembly.
He said, "I have a love for law enforcement and for the law and I understand the making of a law."
Rep. Dean said the Democratic contender "has a complete lack of law enforcement experience other than being a court officer, which is not really law enforcement."