NASHVILLE, TN (WSMV) - The Nashville Fraternal Order of Police chapter is asking the Tennessee Supreme Court to hear an appeal over how to determine how many signatures were required to place on the ballot the referendum creating the Community Oversight Board.

The Davidson County Election Commission chose the August 2016 election of property assessor as the most recent general election prior to Community Oversight Now’s submission of a petition calling for a referendum to be placed on the November 2018 ballot. Community Oversight Now submitted the petition on the day before the August 2018 general election.

The Andrew Jackson Lodge No. 5 argues that the election of property assessor is a state election because it is an office created by the Tennessee Constitution. The FOP and five other defendants – three current and two retired Metro Police officers – contend that the August 2015 Metropolitan General Election should have been considered.

The Tennessee Court of Appeals ruled in January that the Davidson County Election Commission and Davidson County Circuit Court Judge Kelvin D. Jones correctly ruled the August 2016 election should be used to determine the number of signatures Community Oversight Now needed for the referendum to be placed on the ballot.

According to court documents, 47,074 people voted in the August 2016 general election, which meant Community Oversight Now would need the signatures of 10 percent (4,707) of the total who voted in that election to place the referendum on the ballot.

In the August 2015 Metro election, 104,757 people voted for Mayor, Vice Mayor and 40 council members. In the May 24 Metro special election there were 82,368 votes cast.

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