By MIKE KRAFCIK
6 News Reporter
KNOXVILLE (WATE) – The Tennessee Court of Appeals is expected to issue an opinion Thursday morning on whether it will overturn a lower court ruling involving a would-be candidate's attempt to run for Knox County's new House seat.
Shelley Breeding's appeal was heard Wednesday by three Tennessee Supreme Court judges.
Breeding wants to enter the race for state representative in District 89 as the lone Democrat.
In May, Hamilton County Chancellor Frank Brown issued an opinion that Breeding is not a Knox County resident and not eligible to run for the seat.
The opinion agreed with county election administrators, finding that Breeding is not a Knox County resident because her house sits just outside the county boundary line.
The Court of Appeals wrestled with the accuracy of the GIS mapping during the appeal hearing.
"We could have a situation where you have citizens of Knox County being represented in the general assembly by a resident of a different county, isn't that also a concern for the court? Shouldn't that be a concern?" said Judge Charles Susano, in a question he asked Breeding's lawyer, Jon Cope, during the rebuttal.
Breeding's counsel argued that a state GIS map does show her residing in Knox County.
The lower court ruled that Breeding is not a Knox County resident because the county's GIS map shows she lives in Anderson County.
"It's an important case, but I think that it is one where the county should be able to rely on GIS data, because without that it could have an adverse affect," said Knox County Law Director Joe Jarret, who's representing the County Election Commission.
Jarret told the judges the county's mapping system is far from perfect. He said the KGIS mapping system is, "The best we have at this point in time."
Judge Susano remarked to Jarrett during his rebuttal, "We have a situation where different counties are using different maps to determine where the county boundary is, and they don't necessarily match up."
Jarret replied, "That could be a possibility, yes, your honor, consistency throughout the 95 counties, correct, we'd like to see a modicum of consistency, but we don't."
Breeding's counsel submitted a motion to accept "color" versions of both the county and state GIS maps as evidence. Only black and white versions were submitted to the lower courts.
Judges can review the color maps, but they don't have to factor them into their decision.
"Residency is not just where my dwelling is located, but it includes my front yard where I play with my dog, where the tree my husband bought me for my birthday is planted, all of those things are part of my home, part of my residence," Breeding said.
Judge Susano says the court will try to issue the opinion by 9:00 Thursday morning. He says this is being done on a expedited basis, since Breeding would have to register her candidacy later than June 18.
The judges typically take between 30-45 days to issue an opinion, according to Judge Susano.
The Tennessee Democratic Party filed a brief with the court supporting Breeding's argument. It argues that the residency requirement is being interpreted in a way the courts have never done before.
The party argues that voters' voices would not be heard if Breeding, the only Democrat running, is kept off the ballot.
Early voting for the August 2 primary begins on July 13.
Shelley Breeding
