Elections for Georgia’s powerful utility board have already been canceled.
Now, the five Republicans on the Public Service Commission, which oversees electricity and natural gas rates, could stay in office for years to come until they have to face the voters again.
The Georgia General Assembly passed a bill last month that would keep current utility regulators in charge for two to three years beyond the expirations of their terms, a proposal that arose from an ongoing court battle that has put PSC elections on hold since 2022.
Even after the court case is resolved, the bill would delay elections until 2025, 2026 and 2028 rather than hold special elections for the two PSC members whose terms already expired and one more commissioner whose term ends this year.
Opponents of the measure, which is awaiting Gov. Brian Kemp’s signature or veto, say it would violate the Georgia Constitution’s requirement that PSC members serve in office for six-year terms.
“It all amounts to partisan favoritism and denying voters an opportunity to elect their representatives based on their qualifications,” said Robert Jones, a Democrat and tech consultant who wanted to run this year for the PSC. “The governor already has the power to appoint commissioners when there’s a vacancy or an expired term, so the bill seems unnecessary.”
Jones planned to run against Fitz Johnson, a Republican whom Kemp appointed in 2021 but has never been elected. Johnson didn’t respond to an email seeking comment.
Credit: Elijah Nouvelage
Credit: Elijah Nouvelage
PSC elections have been postponed since a federal judge ruled two years ago that statewide elections — rather than electing commissioners from five geographic regions — illegally weakens Black Georgians’ voting strength.
The state’s white majority always outnumbers its Black minority, leading to just one Black candidate winning election in the commission’s 145-year history.
The case has stalled since then in the 11th U.S. Circuit Court of Appeals. A three-judge appeals panel overturned the judge’s ruling in November, but an unnamed appellate judge withheld making it official.
Credit: Arvin Temkar/AJC
Credit: Arvin Temkar/AJC
In the meantime, the 2022 decision that prohibited statewide PSC elections remains intact, and the plaintiffs have appealed to the U.S. Supreme Court.
Republican legislators said they wanted to “reset” the terms of PSC members to ensure no more than two commissioners are on the ballot each election year.
“Potentially the judge could say, ‘Well, let’s elect them all in one year,’ ” state Rep. Rob Leverett said last month during a House debate on House Bill 1312. “You could potentially have complete turnover on that body, which I don’t believe would be a good idea.”
Under the bill, Johnson’s seat would be up for election in 2025 for a one-year term, and then another election for a six-year term would be held in 2026.
Commissioner Tim Echols would face election next year for a five-year term. Commissioner Tricia Pridemore’s seat, which would have expired this year, will instead last until the end of 2026, when she could run for a six-year term.
The remaining two commissioners, Jason Shaw and Lauren “Bubba” McDonald, who last faced voters in 2020, would receive two-year extensions on their terms until the end of 2028.
“The commissioners are all dedicated public servants who work for the citizens of the state of Georgia. That has not changed and will not change,” PSC spokesman Tom Krause said. “We will follow any law that is handed down by a judge or passed by the Legislature.”
HB 1312 passed the House along party lines, 93-66. Some Democrats supported the measure in the Senate on a 43-9 vote.
“Essentially, we are taking away the ability of Georgians this year to vote for at least two of their public service commissioners,” said Minority Whip Sam Park, a Democrat from Lawrenceville.
Kemp hasn’t indicated whether he supports the bill. He faces a May 7 deadline to decide whether to sign or veto bills that passed during this year’s legislative session.
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