Stay ahead of the curve as a political insider with deep policy analysis, daily briefings and policy-shaping tools.
Request a Demo
Public Service Commissioners: Keeping the Lights On
Georgia Power Transformer Station (Credit: kenteegardin)
Editor’s Note: Georgia voters won’t get to choose new public service commissioners in the Nov. 8 midterm election after all. The U.S. Supreme Court stepped into the contentious legal battle last week, ruling that the 11th Circuit Court of Appeals was wrong to block a lower court’s decision to delay the two races until after Georgia lawmakers replace the district-seat, statewide election process. U.S. District Court Judge Steven Grimberg said the at-large election process violated the federal Voting Rights Act by impeding Black voter’s ability to elect their preferred candidates.
This primer is the first of a five-part series to guide voters through the upcoming midterm election for Georgia agriculture, labor, insurance and public service commissioners as well as the superintendent of schools - down ballot races often overlooked by average voters. Over the next two weeks, State Affairs will explain how what happens in these offices impact your life.
The Gist
Many Georgians will go to the polls in November knowing little, if anything, about what some of the jobs on the ballot entail.
Take the Public Service Commission (PSC), for example. It’s a five-member state utility regulatory panel that touches people’s lives every time they pick up their landline phone, flip a light switch or turn on the gas burner on their stove.
Here’s what you need to know.
What’s Happening
Unless there’s a big squabble over utility rates or the continuing saga over the financially-bloated, slow-moving expansion plans at the nuclear power facility, Plant Vogtle, the PSC is rarely in the news or garners much public attention.
“The average person doesn’t even know there is a PSC,” said Atlantan Robert Searfoss, who dealt with the commission on electric and telephone rate cases on behalf of the Georgia Hospital Association. Now retired, Searfoss follows the PSC as an environmental activist, and he’s pretty frugal when it comes to using any sort of utility service.
“My average power bill is $10, $12 a month,” he said, adding that at his house, “You’re going to freeze in the winter and cook in the summer. I'm very economical. So in terms of dollars, the impact on me is very small. But I don't care. They're reaching into my pocket and taking money.”
The Public Service Commission makes decisions that significantly impact Georgians, said Liz Coyle, executive director of Georgia Watch, a consumer advocacy group. The commission sets the rates utilities can charge customers on monthly power and gas bills, generating billions of dollars over the years.
A case currently before the commission, for example, could cause electric bills to go up as much as 12% in January, Coyle said. The utility regulatory panel also makes policies that influence how much energy in Georgia comes from clean, renewable sources, and whether to expand efficiency programs that lower energy use and costs.
For climate and environmental justice advocate Brionté McCorkle, it boils down to kitchen table issues.
“The Public Service Commission is the most kitchen table [job] of any elected position, because it literally deals with the bills that come across your kitchen table every month,” said McCorkle, who pays about $400 a month in gas and light bills.
Earlier this month, however, the usually obscure state regulatory body made news.
A federal judge ruled Georgia’s statewide — or at-large — PSC elections illegally weakened Black voter representation, thus violating the federal Voting Rights Act. U.S. District Judge Steven Grimberg’s decision put the PSC District 2 and 3 races in jeopardy briefly.
State Attorney General Chris Carr appealed to have the two races put back on the November ballot. On Friday, an appeals court complied.
“We’re disappointed,” Atlanta civil rights attorney Bryan Sells said Friday of the 11th Circuit Court of Appeals’ decision.
Sells, the lead attorney for the plaintiffs in the Rose v. Raffensperger case, declined to say whether he will seek an appeal.
Why It Matters
Judge Grimberg’s ruling effectively upends a nearly century-old method that Georgia has used to elect its utility regulators. It also could lead to a major revision of how Georgia elects its five commissioners. Currently, while they must live in the district they represent, they are elected by voters statewide. Under recent redistricting, District 3 shrunk to three metro Atlanta counties: Clayton, DeKalb and Fulton. District 2 grew dramatically to 38 counties that run from Banks County at the foothills of the north Georgia mountains to coastal Chatham County.
The two-year-old lawsuit stems from decisions that disproportionately discriminated against Black Georgians. For instance, after suspending power disconnections during the pandemic, Georgia Power resumed the practice last summer.
The district court’s decision is seen as a major victory for voting rights advocates - and voters.
“No one's ever done an at-large vote dilution claim for a statewide seat,” said McCorkle, executive director of Georgia Conservation Voters, a climate and environmental justice advocacy group, and one of four plaintiffs in the case. “It worked out really well because all of [the plaintiffs] basically lived in District 3, which is the most obvious district where the voter dilution is occurring. If you look at the elected officials in metro Atlanta, they're almost overwhelmingly Black and Democratic or progressive. So, to have a white male representing the District 3 seat for over 100 years is insane.
“We found out through the court case that 66% - or two out of every three shut offs - were Black people,” McCorkle added. Such decisions were made by a board that, at the time, had no Black commissioners.
Businessman and Army vet Fitz Johnson was appointed last year by Gov. Brian Kemp to fill the District 3 vacancy, becoming only the second Black to ever serve on the commission. David Burgess, a 17-year PSC staffer and public utility engineer, became the first Black on the PSC when he was appointed in 1999 by then-Gov. Roy Barnes.
What’s Next?
It’s unclear how the PSC’s legal battle will proceed. The 11th Circuit approved the state’s request about the November elections but didn’t rule on the larger question: the constitutionality of how commissioners are elected.
“We’re still confident the district court’s decision will ultimately be upheld on appeal,” Sells said. “The 11th circuit didn't say anything about whether the ruling is correct or not. So they did not overturn it. They did not suggest that it was wrong. They just put it on hold, because they determined it's too close to the election.”
When asked if he will appeal, Sells replied: “We haven't decided on our next steps yet.”
Join the Conversation
What else do you want to know about the Public Service Commission, voting or elections in Georgia? Share your thoughts/tips by emailing [email protected]
Read State Affairs’ Georgia Votes 2022 series.
Part II: Department of Agriculture: Where poultry, pie, pump and puppy meet
Part III: State School Superintendent: Educating our country's future
Part IV: Ups and downs of the Insurance and Safety Fire Commissioner
Part V: MIDTERM ELECTION OF LABOR COMMISSIONER KEY IN STATE’S POST-PANDEMIC RECOVERY
Read this story for free.
Create AccountRead this story for free
Create your free account or login to continue reading.
By submitting your information, you agree to the Terms of Service and acknowledge our Privacy Policy.
Latest Stories
Democratic incumbents vie for redrawn House district seat
ATLANTA — Democratic incumbents running in south DeKalb County’s newly drawn District 90 are in a political predicament: Longtime comrades, they now find themselves pitted against each other.
Reps. Saira Draper and Becky Evans met Wednesday on the debate stage at St. John’s Lutheran Church to make the case for why voters should choose them for the newly drawn district in the upcoming May primary.
Mike St. Louis, chair of the Druid Hills Civic Association and moderator of the hourlong debate, lamented the“gratuitous” pairing of two Democratic incumbents in the same district drawn by Republicans who controlled the special legislative session on redistricting last year. The process was an effort to comply with a judge’s order to add more majority-Black districts.
House District 90, which Draper represents, will still include the part of Atlanta that is in DeKalb County, as well as six new precincts in southwest DeKalb that were in District 89, where Evans serves. Each was elected in districts that were and remain majority-Black, solid-blue districts.
No Republican or independent candidates qualified for the 2024 election for the new District 90.
Draper and Evans began and ended Wednesday’s debate acknowledging their respect for each other, and their chagrin over their political predicament, while trying to draw distinctions on their legislative records and strengths.
“This was not something that either of us asked for. It’s not something that either of us wanted,” Draper said. “And to me, it really underscores the fact that we have to get the majority in Georgia.”
Draper, a civil rights attorney serving in the House since 2023, said what makes her “the best person for the job … really boils down to democracy and diversity.” She described herself as an elections and voting rights expert who helped to “flip Georgia blue for the first time in 30 years” during the 2020 presidential election and the 2022 midterms, when she said she “led the voting rights efforts” in Georgia for President Joe Biden and U.S. Sens. Raphael Warnock and Jon Ossoff, for whom she oversaw campaign staff and thousands of volunteers.
Draper said she’s now fighting to bring Democratic majorities back to the state House and Senate, which she estimated will likely take four to six years.
In the meantime, she said she has worked to push through what legislation she can in the Republican-controlled House and cited as a small victory House Bill 1207, a bill she crafted that requires advanced proofing of ballots by candidates and election supervisors. Draper sought out five Republicans as co-signers to gain majority support for the bill, which passed in both chambers and awaits Gov. Brian Kemp’s signature.
Noting that “diversity is a central tenet to the Democratic Party,” Draper said, “as a woman of color and as an immigrant, I bring perspectives to the table that are underrepresented at the Capitol.”
Draper immigrated to the U.S. when she was 6 years old from England, where her Spanish mother and Pakistani father met. “That makes me Spakistani,” she said, eliciting laughter from the audience. “But it also makes me the only member of the Georgia General Assembly who is a member of the Hispanic caucus and the Asian American Pacific [Islander] caucus.”
Evans, a community organizer and political operative who has served in the House since 2019, emphasized her six years of experience building relationships with fellow legislators and delivering on measures to support education, the environment, gun safety and housing.
“And I’m 100% pro-choice, 100% pro-LGBTQ and 100% pro-health care expansion,” Evans said, adding she is proud of her work developing legislation to promote literacy among school children over the past two years, including writing a bill last year to create the Georgia Council on Literacy and another bill to ensure that children are screened for dyslexia and other reading challenges and that teachers are trained in evidence-based reading and writing instruction.
When her bills didn’t pass from the House to the Senate by the Crossover Day deadline in 2023, Evans said she persuaded Republican lawmakers in the Senate to adopt her legislation, which then passed. She now serves on the 30-member literacy council, which she said is working “to make sure that all of our children will have the broadest possible futures and that they can all learn how to read.”
Evans also said she was “proud to deliver this session $7.4 million in [federal] gun violence prevention awareness funds that will go out to community groups” and to support the passage of a bipartisan Senate bill that will give “[sales] tax breaks [on gun safety devices] where people are using their guns responsibly.” She said she also advocated for adding new funding for school security grants to the education budget, which was approved.
The candidates took similar positions on many issues, both decrying the private school voucher bill they said would drain funds from public schools, and the need for the state to better fund impoverished school districts. They described their individual efforts to curtail gun violence and promote voting rights, as well as detailed their years of experience in ground-level get-out-the-vote efforts in DeKalb County and metro Atlanta. Draper and Evans also expressed measured support of the Atlanta Public Safety Training Center, which they said is needed to train police and first responders.
Among the 40 or so people in the audience, Lora Wuennenberg, 68, a Kirkwood resident and program manager at the humanitarian nonprofit CARE, said she emerged from the debate torn between the two candidates. Noting they have similar positions on the major issues she cares about, including public education, she said Draper, her current representative, impressed her as an “an activist who can mobilize people and is willing to stand up and stand out on some of the issues that may not be getting enough attention.”
“Becky seemed more of a practical, behind-the-scenes organizer, someone who understands the bureaucracy of government and has a lot of established contacts,” Wuennenberg said, noting Evans has worked across the aisle and “found entry points” to get legislation passed. “In the Republican-controlled House, maybe she can be more effective than Saira.”
Wuennenberg said over the next few weeks she’ll follow the candidates and look to see “how Saira thinks she can mobilize support for the bread-and-butter issues that have an impact on people’s lives” in the next legislative session.
Arica Schuett, 36, a Ph.D. candidate in political science at Emory who lives in Druid Hills, said she also needs to spend more time studying the candidates.
She said Draper’s focus “on mobilizing voters and removing barriers to election participation resonated” with her, while Evans’ “experience and her ability to to work with constituencies that include Republicans is important. So getting a better understanding of how each candidate would manage their position in a really Republican Legislature is what’s important to me.”
Schuett said she plans to dive deeper into their proposed legislation and voting records. “I kind of want to look a little bit more at what they’ve done, right?”
The primary election will take place May 21.
Have questions or comments? Contact Jill Jordan Sieder on X @journalistajill or at [email protected]
And subscribe to State Affairs so you do not miss an update.
X @StateAffairsGA
Instagram @StateAffairsGA
Facebook @StateAffairsGA
LinkedIn @StateAffairs
Barbershop talks and hip-hop summits: Georgia Black legislators’ group has big plans to build coalitions, boost voter rolls
The nation’s largest gathering of Black lawmakers is slated to meet in Atlanta this summer to discuss ways to boost voter participation nationwide ahead of the upcoming fall elections.
The Aug. 2-4 conference theme is “Testing 1, 2, 3.” The meeting will be the precursor to a series of events the Georgia Legislative Black Caucus plans to hold heading into the November presidential election.
“Because we’re the largest Black caucus in the nation, we’re reaching out to all of the caucuses from across the nation,” Rep. Carl Gilliard, D-Savannah, chairman of the 74-member Georgia caucus, told State Affairs. “This is the first time that I think we’re doing a total reach-out to all of the Black caucuses. We share a lot of similarities. Whether it’s voter suppression in Georgia, the same laws are going to be tried in Tennessee and the same laws are going to be tried in Florida. We share a lot of commonalities.”
Next week, for instance, the Georgia caucus is scheduled to issue a statement supporting efforts to pass a hate crimes bill in South Carolina. The bill passed in the House but stalled in the Senate, Gilliard noted.
Over 700 Black legislators represent about 60 million Americans, according to the National Black Caucus of State Legislators. In addition to the Georgia caucus, Black caucuses exist in nearly three dozen states.
Shortly after the August convention, the Georgia Legislative Black Caucus will embark on a 14-city tour throughout Georgia to focus on “getting out the vote.”
“We’re not going to tell them who to vote for,” Gilliard said of voters. “But what is happening right now is no one is talking to the people. And if the election were held today, we all would be in trouble because no one is talking or meeting the people where they’re at.”
The tour is a continuation of various actions the Georgia Legislative Black Caucus has taken this year to align with other organizations of people of color on common causes.
In March, the caucus joined forces with the Asian American Pacific Islander and Hispanic caucuses for a tri-caucus town hall. It was the first time the three groups have aligned. The Black caucus also has “reached out to partner with the Hindus of North America population and the diaspora,” Gilliard said.
“What we’re trying to do is form a coalition to get to as many diverse groups of people as we can,” he said.
Gilliard said the lack of individual and collective involvement in communities he’s seeing concerns him. It’s a far cry from four years ago.
In 2020, the deaths of Ahmaud Arbery, an unarmed Black man murdered while jogging in Glynn County, and Breonna Taylor, a Black woman killed by Louisville, Kentucky police serving a no-knock warrant for drug suspicion, led to more than 450 protests nationwide and on three continents.
That same year, former Georgia gubernatorial candidate Stacey Abrams led an effort to increase the voter rolls for the 2020 presidential election. Fair Fight and the New Georgia Projects, two groups Abrams founded, registered more than 800,000 new voters.
That level of community and political engagement has since subsided, Gilliard said.
“People don’t know what’s going on,” Gilliard said. “No one is really talking to the people. You’ve got a presidential election. I’m talking about on both [political] sides. There are rallies and different events being held, but nobody has gone to the barbershop. No one has gone to the community centers or the neighborhoods. We’re going to be empowering those communities by going and taking those townhall meetings right where they’re at, not in a big municipality but in community centers and neighborhoods.”
The caucus also plans to hold a hip-hop summit to reach young people, many of whom are skeptical of both political parties.
“They’re forming their own opinions,” Gilliard said. “They’re saying, ‘Forget about Trump. We need to hear something different.’ That’s just their perception. That’s why I’m really quietly championing the young candidates behind the scenes who are running right now because we need young leaders.
“We have to get as many people together, but we also have to get them ready to work.”
Have questions, comments or tips? Contact Tammy Joyner on X @lvjoyner or at [email protected].
And subscribe to State Affairs so you do not miss any news you need to know.
X @StateAffairsGA
Instagram@StateAffairsGA
Facebook @StateAffairsGA
LinkedIn @StateAffairs
Special prosecutor to decide if Lt. Gov. Jones should face criminal charges in 2020 election-meddling case
Lt. Gov. Burt Jones will face scrutiny over whether he should be criminally charged for alleged meddling in the 2020 presidential election in Georgia.
The Prosecuting Attorneys’ Council of Georgia said Thursday it has assigned Executive Director Pete Skandalakis as the special prosecutor to handle the case because Fulton County District Attorney Fani Willis is barred from investigating Jones. The council is a nonpartisan state advocacy agency for district attorneys.
In July 2022, Superior Court Judge Robert McBurney blocked Willis from investigating Jones because her actions were an “actual and untenable” conflict of interest. At the time, Willis had hosted a campaign fundraiser for Jones’ Democratic rival, Charlie Bailey, and donated to his campaign when both men were running for lieutenant governor. Willis is currently involved in an election interference case she brought against former President Donald Trump and 18 others.
McBurney’s ruling left it up to the council to decide whether Jones should be criminally charged.
“I’m happy to see this process move forward and look forward to the opportunity to get this charade behind me,” Jones said in a statement issued Thursday. “Fani Willis has made a mockery of this legal process, as she tends to do. I look forward to a quick resolution and moving forward with the business of the state of Georgia.”
The council cited state bar rules in its news release and said there would be no further comments.
Skandalakis’ appointment marks another step in the ongoing political odyssey for Jones and other lawmakers over charges that they served as “false” electors to help Trump overturn the 2020 presidential election in Georgia.
Jones is one of 16 alleged “false” electors in Georgia who gathered at the state capitol on Dec. 14, 2020, to cast ballots for Trump and then sent their false certification of his victory to the National Archives and the governor’s office.
Jones has denied any wrongdoing, saying he and other electors were acting on the advice of lawyers to preserve Trump’s chances in Georgia in case the former president won a court challenge that was pending at the time. Jones was a state senator during the 2020 election.
Trump’s campaign enlisted an alternate slate of electors in 2020 in a number of swing states where Trump was defeated, as part of an effort to circumvent the outcome of the voting, The New York Times reported Thursday.
Have questions? Contact Tammy Joyner on X @lvjoyner or at [email protected].
And subscribe to State Affairs so you do not miss any news you need to know.
X @StateAffairsGA
Facebook @StateAffairsGA
Instagram @StateAffairsGA
LinkedIn @StateAffairs
Georgia taxpayers get a tax credit for helping young adults leaving foster care
The Gist
Georgia lawmakers in 2022 laid the groundwork to help young adults leaving the foster care system get a good start in life while giving taxpayers another tax relief option.
At that time, the Georgia General Assembly passed House Bill 424, also known as the Fostering Success Act. This law created the Qualified Foster Child Donation Credit program. It’s a tax credit plan that allows taxpayers to redirect their state income tax dollars to qualified organizations providing support services to young adults transitioning out of foster care.
Capped at $20 million a year, the money is used to help young adults ages 18 to 25 once they leave foster care.
What’s Happening
The tax credit took effect in 2023. The number of qualified organizations participating in the program has nearly doubled to 39 this year from 20 last year.
A bill to increase the cap on the tax credit to $30 million a year failed during this year’s legislative session because the House and Senate couldn’t agree on whether to expand the annual cap. It remains at $20 million a year.
As of March 28, $153,000 of the $20 million fund has been approved for the 2024 tax year. Roughly $19.8 million remains.
“With this being the second year of the tax credit, this tax credit opportunity is still relatively new and unknown,” Heidi Carr, executive director of Fostering Success Act Inc., told State Affairs. “It takes a while to get the awareness around it up.”
Carr’s group is one of the qualified organizations participating in the tax credit program. The nonprofit is not connected to the government program.
Georgia taxpayers get a dollar credit for every dollar they donate to a qualified organization, up to a certain amount. Here’s how it works:
- An individual or business applies through the Georgia Department of Revenue to qualify for the tax credit. The taxpayer specifies how much to donate and which organization will get the donation.
- Once approved, the taxpayer makes a payment directly to the organization.
- When the organization receives the payment, it sends the taxpayer the documents required when filing their state tax return so they can get their tax credit. The organization also notifies the state of the transaction.
Why It Matters
Each year, more than 700 young adults leave the foster care system in Georgia. They are some of the most underserved and overlooked people in the foster care system. Many never return to their biological families or get adopted. Once they leave the system, they often have little to no guidance as they enter college or the workforce.
The fostering success funds will help those young people with education, housing, counseling, medical care and transportation services.
Money generated from the tax credit has enabled Connections Homes to help 20 young people so far this year, Founder and Chief Executive Officer Pam Parish told State Affairs.
The Alpharetta-based nonprofit’s main goal is matching young people who have left or are leaving foster care with mentoring families. However, the $20,000 received through the tax credit program allows the organization to do much more, Parish said.
In one instance, they helped a young mother of two in her early 20s who is attending college and dealing with cancer. The organization paid the former foster care youth’s rent and car note and was able to “do the things that we could worry about and let her worry about getting better and staying in school,” Parish said.
Without the money generated through the Fostering Success Act’s tax credit program, such help would have been a “funding struggle,” Parish added.
“Our main program is our mentorship, which is immensely helpful to our kids,” she said. “But really to get into these practical needs and [having] funding available to do that is really helpful for our organization but most importantly for these kids.”
The organization has helped some 350 foster youth in its 10-year existence, Parish said. She and her husband have eight daughters, seven of them adopted. Five became part of the family after the age of 18 due to various circumstances, including surviving trafficking, homelessness and aging out of foster care, she said.
Similarly, Wellroot Family Services has been able to help foster youth pursuing college degrees.
“The Fostering Success Tax Credit bolsters the housing and wraparound services we provide for those youth pursuing postsecondary education and has enabled us to provide scholarships to former foster youth,” Wellroot CEO Allison Ashe said. “Because of the tax credit and the generosity of donors, we were able to provide additional funds to some of the youth pursuing college degrees to use for books and other academic supplies.”
What’s Next?
It’s not too late to participate in the 2024 tax credit program. To qualify, taxpayers must get the state’s approval and make their payments within 60 days of being approved or by Dec. 31, whichever comes first.
Between January 1 and June 30, the following yearly contribution limits are based on the taxpayer’s filing status:
- Single individual or head of household: Up to $2,500
- Married filing jointly: Up to $5,000
- Individual owner of an S corporation, member of an LLC or partner in a partnership: Up to $5,000
- C corporation, trust, or pass-through entity electing to pay tax at entity level: Up to 10% of Georgia income tax liability
Learn more about the Fostering Success Tax Credit here. As with any tax matter, consult your tax adviser. You can find a list of certified foster child support organizations on the Department of Revenue website.
Read these related stories:
Have questions? Contact Tammy Joyner on X @lvjoyner or at [email protected].
And subscribe to State Affairs so you do not miss any news you need to know.
X @StateAffairsGA
Facebook @StateAffairsGA
Instagram @StateAffairsGA
LinkedIn @StateAffairs