Utility commission elections nixed after court fight

Plaintiffs argue that statewide elections for PSC members dilute Black voting power

Two statewide elections for seats on the panel that sets utility rates will not be taking place this year after a back-and-forth legal fight between voting rights lawyers and the Secretary of State’s office.

The Georgia Public Service Commission is a five-member body of statewide elected officials who are in charge of regulating the state’s largest utility companies, including Georgia Power and Atlanta Gas Light. It consists of a chair, a vice chair and three commissioners.

Members of the commission are elected to staggered six-year terms. A lawsuit argued that statewide elections of PSC members leave Black voters at an unfair disadvantage because each member hails from a different part of the state. They argue that each commissioner should be elected by the district that they represent — not by the entire state.

Secretary of State Brad Raffenerperger’s office had won an appeal to get the two elections back on the ballot, but the U.S. Supreme Court vacated that decision on Friday and sent the case back to the appeals court for further review.

Rahul Bali @rahulbali

BREAKING NEWS: No Georgia Public Service Commission Elections in November Georgia Secretary of State Brad Raffensperger's office says it will no longer pursue legal action to keep PSC races on the ballot in November. Here is their federal filing as well. #gapol @GaSecofState

Raffensperger said Friday evening that his office will not be pursuing any further action to force the two elections to move forward, saying that he wants to avoid confusing voters and county election officials as the state prepares for the November election.

All five of the commission’s current members are Republicans. The two commissioners who were set to face re-election in November were District 2 Commissioner Tim Echols and District 3 Commissioner Fitz Johnson.

Echols was facing a challenge from Democrat Patty Durand — who just this week won a separate legal fight to remain on the ballot after her home county was drawn into a different district. Johnson, who was appointed to the PSC by Gov. Brian Kemp, was set to run against Democrat Shelia Edwards.

Friday’s decision likely means that both Johnson and Echols will remain in office until the state can decide on a new method of electing PSC members.