The tug-of-war over Public Service Commission elections is headed to court — again.

A new lawsuit filed by two environmental groups alleges state lawmakers violated the Georgia Constitution by allowing members of a state utility regulatory board to stay in office, enabling them to approve the largest utility rate hike in Georgia history. The July 17 lawsuit, brought by environmental groups Georgia WAND and Georgia Conservation Voters, claims the rate hike may not have occurred had the elections for Public Service Commission seats been held on time. The lawsuit requests that the elections, which have been on hold since 2022, take place soon. 

“We are asking the court to rule quickly on this and to order the secretary of state to hold elections as soon as is practicable,” Bryan Sells, one of the attorneys representing the consumer groups, said Wednesday during a news conference.

The lawsuit is the latest in a four-year battle among consumers, environmentalists and the state’s top election official over how the state’s utilities regulators are elected.

The commission election was postponed in 2022 after the U.S. Supreme Court overruled an appeals court decision blocking a lower court ruling. The lower court delayed the commission races until Georgia lawmakers replaced the statewide — or at-large — election process, which illegally weakened Black voter representation, thus violating the federal Voting Rights Act. The ruling postponed the District 2 and District 3 commission races. 

The five commissioners are elected statewide and serve staggered six-year terms, as required by the Georgia constitution — unless a constitutional amendment is made. The commission sets the rates that utilities can charge customers for power and gas, generating billions of dollars over the years. 

In March, state legislators passed House Bill 1312, which delayed Public Service Commission elections until 2025, giving multiple committee members an extra two years in office. Gov. Brian Kemp signed the bill into law in April.

Under the new law, the special election for the Public Service Commission’s District 2 seat now held by Commissioner Tim Echols will occur in November 2025 during the municipal general election. The elections for Districts 3 and 5 — seats now held by Commissioners Fitz Johnson and Tricia Pridemore — will be held in 2026. Elections for Public Service Commission Districts 1 and 4 — now served by Commissioners Jason Shaw and Lauren “Bubba” McDonald, will take place in 2028.

The bill was passed after the ongoing court battle over voting rights that has halted Public Service Commission elections since 2022. The case, Rose v. Raffensperger, was denied review by the U.S. Supreme Court last month.

“House Bill 1312 extends commissioners’ terms unlawfully and pushes back their elections further so they can distance themselves from the price hikes they’ve caused and avoid accountability,” said plaintiff Brionté McCorkle, executive director of Georgia Conservation Voters Education Fund.

The Georgia Attorney General’s Office and Secretary of State’s Office did not respond to State Affairs’ requests for comment.

In May, the plaintiffs and four other consumer groups released a report alleging the U.S. Department of Energy, Georgia Power and the Public Service Commission “conspired to force Georgians into purchasing the most expensive electricity in the world, costing customers $10,784 per kilowatt compared to $900 to $1,500 per kilowatt for wind or solar.”

TIMELINE

July 14, 2020: Four Black Fulton County residents file a federal lawsuit against the Georgia secretary of state. The case, Rose v. Raffensperger, claims electing members of the Public Service Commission in statewide elections dilutes Black voting strength, making it harder for Black voters to elect candidates of their choice, which is a violation of the federal Voting Rights Act of 1965.

Aug. 5, 2022: Judge Steven Grimberg rules Georgia’s statewide or at-large election method of electing public service commissioners weakens Black voting, thus violating the Voting Rights Act. 

Aug. 19, 2022: U.S. Supreme Court rules the 11th Circuit Court of Appeals was wrong to block a lower court’s decision to delay the two commission races until state lawmakers replaced the district-seat, statewide election process. The high court’s ruling restores Grimberg’s ruling.

Nov. 8, 2022: Elections for two Public Service Commission seats are not held, by Grimberg’s order.

March 2024: Georgia Legislature passes House Bill 1312, which later becomes law, further postponing Public Service Commission elections until 2025 or possibly longer.

April 18, 2024: Gov. Brian Kemp signs HB 1312 into law.

June 24, 2024: U.S. Supreme Court declines to hear an appeal of Rose v. Raffensperger.

July 17, 2024: Two environmental groups, Georgia WAND and Georgia Conservation Voters, along with Brionté McCorkle, the head of Georgia Conservation Voters, sue Secretary of State Brad Raffensperger to try to block the new law and force Georgia to hold Public Service Commission elections as soon as possible. McCorkle is also a plaintiff in Rose v. Raffensperger.

Want to know more? The lawsuit, the injunction filing and an embedded recording of the lawsuit news event are available here.

Correction: This article was updated to reflect the correct schedule for the Public Service Commission elections. State Affairs prides itself on producing work that is clear, concise, accurate, fair and without favor. We sincerely apologize for the error. 

You can reach Nava Rawls at [email protected] or on X @navarawls. 

Have questions, comments or tips? Contact Tammy Joyner on X @lvjoyner or at [email protected].