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Published on March 28, 2024
Georgia Voters Appeal to Supreme Court Over Public Service Commissioner Elections, Cite Voting Rights Act ConcernsSource: Unsplash/ Element5 Digital

In the ongoing battle over voting rights in Georgia, a group of Black voters is making a push to the highest court in the land, hoping to change the way utility regulators are elected. According to WABE, they have appealed their lawsuit which challenges the statewide election of the Georgia Public Service Commission's (PSC) members, contending it dilutes the power of their votes in violation of the Voting Rights Act.

A federal judge previously sided with the plaintiffs in 2022, causing PSC elections to be stalled while the state was tasked with developing a new voting system. This ruling was placed in limbo by the 11th U.S. Circuit Court of Appeals, which, as WABE reports, reversed the decision last November over concerns with federal overreach and federalism principles. Bryan Sells, a lawyer for the plaintiffs, told WABE, "What the 11th Circuit’s ruling says is that Georgia is allowed to discriminate against Black voters."

The uncertainty over the future of PSC elections in Georgia continues, as two commissioners, Tim Echols and Fitz Johnson, whose elections were meant to happen back in November 2022, are still occupying their seats without having to face voters. They are actively participating in crucial PSC decisions, including those affecting rate increases and Georgia Power’s electricity buying and production plans. As reported by WABE, the stalemate has also pushed the PSC elections off of the 2024 ballot, with another commissioner, Tricia Pridemore, set to finish her term at year's end.

While voters and commissioners wait for the Supreme Court's decision, a piece of legislation that might resume elections following the current statewide model awaits the signature of Gov. Brian Kemp. Scheduled to start with Districts 2 and 3 in 2025, this bill, pending on Kemp’s desk, aims to pave the way to return to some semblance of normalcy in PSC electoral processes. However, until that happens or the Supreme Court acts, the commissioners remain in their roles, serving as reported by WABE, without the direct input of the voting populace they represent.