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11th Circuit ruling puts Georgia PSC races back on ballot for November election

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On Friday, the 11th U.S. The Circuit Court of Appeals blocked a ruling from a federal judge issued a few days earlier which would have postponed this fall’s statewide elections for the Georgia Public Service Commission (PSC). 

The federal judge, Steven Grimberg, had ruled earlier that the way the PSC positions elected discriminated against Black voters and called for the two races on this year’s ballot to be removed. However, in a 2-1 decision, the 11th Circuit blocked that ruling, which means that elections for the two PSC seats will be held as scheduled during the November general election while the appeal is pending. 

The appellate court put Judge Grimberg’s decision on hold based on the U.S. Supreme Court rulings that caution against altering election rules on short notice, with early voting scheduled to begin in 66 days, on October 17. 

“The election is sufficiently close at hand under our recent precedent. … But if we are mistaken on that point, the Supreme Court can tell us,” according to the ruling by U.S. Circuit Judge Adalberto Jordan, who was nominated by Democratic President Barack Obama, and U.S. Circuit Judge Robert Luck, who was nominated by Republican President Donald Trump. 

Many citizens in the state are unaware of the Public Service Commission (PSC) and the role it plays every day in the lives of Georgians. The PSC oversees utilities and sets electricity and natural gas rates for the state. In its 143-year history, only one Black candidate has ever won an election, David Burgess. He was elected in 2000 after first being appointed to fill the seat.  

Shelia Edwards, the publisher of SPOTLIGHT South Cobb News, won the Democratic nomination in May against two others vying for the position. If successful, Edwards will make history by becoming the first Black woman to be elected to the PSC in its 143 years of operations. 

As the competing decisions by the courts go back and forth, Edwards has been keeping voters around the state aware of the status of the race. 

She issued a statement saying: 

While it’s unfortunate that the 11th Circuit decided against the federal court’s ruling that impacts the Voting Rights Act, our election will be held on November 8th as originally scheduled while the appeal continues. The PSC must work to benefit and improve the quality of life for all Georgians, but unfortunately, ratepayers are forced to pay too much for utilities. The current PSC has neglected to pursue reasonable renewable energy alternatives that would lower our bills and has served as a rubber stamp for Georgia Power executives for far too long. As the next Public Service Commissioner, Georgians can count on me to lower energy costs, expand renewable energy options, work to provide better access to rural broadband internet, and provide meaningful oversight to Georgia Power and energy marketers in Georgia.”

Currently, all five commissioners are Republicans, serving six-year terms and earning a $126,000 salary. They consist of three white males, a white female, and one Black male, Fitz Johnson. He was appointed last year by Gov. Brian Kemp to fill a vacancy but hasn’t won an election. The 11th Circuit’s ruling now allows Edwards to run against Kemp’s appointee in November for the PSC seat.

Here’s what happened

On Friday, August 5, U.S. District Judge Steven Grimberg ruled that the statewide election system violated the Voting Rights Act, which prohibits racially discriminatory voting laws. He removed the two races from the November election.

On Monday, August 8, the State of Georgia appealed the federal judge’s ruling.

On Friday, August 12, the 11th Circuit issued its ruling which returned the two races to the November ballot. 

The 11th Circuit issued a stay based on the proximity of this year’s elections, but it has not considered the underlying question of whether at-large elections for the Public Service Commission are legal. The case could be heard by the appeals court in several months, with a ruling that would affect elections after this year. 

The federal court’s ruling, while pending, will give Black voters more of an opportunity to elect their preferred candidates. The plaintiffs in the case contended that electing commission members statewide weakened Black voters because they’re always outnumbered by Georgia’s white voters, who make up about half of the electorate. The lawsuit sought district-level elections for the commission and was filed over two years ago but didn’t reach trial until this June. Plaintiffs included members of the NAACP, Black Voters Matter, and Georgia Conservation Voters. 

Secretary of State Brad Raffensperger, the defendant in this matter, declined to comment on the appeals court ruling.

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