Georgia faces lawsuit over delays to Public Service Commission elections

The state of Georgia is facing a lawsuit over a new plan to postpone the Public Service Commission elections.

The commission, which regulates what Georgia Power Co. and some natural gas companies charge, has gone years without having elections because of a redistricting lawsuit.

Earlier this year, the Georgia House and Senate approved House Bill 1312, which adds an extra two years to the six-year terms of commissioners on the all-Republican body to prevent a majority of the commission from being elected at the same time, meaning Democrats couldn’t take control in one election.

In the new lawsuit, attorneys from Georgia consumer groups claim that the postponement violates the state constitution and allowed the commissioners to "rubberstamp the largest utility rate increases in Georgia history."

The plaintiffs will discuss the lawsuit at a news conference on Wednesday.

Changes to Georgia Public Service Commission elections

Commissioners Tim Echols and Fitz Johnson were supposed to run in 2022, but remain on the commission today. The 11th Circuit in April had ruled the state could resume elections. But Secretary of State Brad Raffensperger had already said it was too late to schedule an election for them and for Commissioner Tricia Pridemore, whose term expires this year.

Commissioners Tim Echols and Fitz Johnson were supposed to run in 2022, but remain on the commission today. The 11th Circuit in April had ruled the state could resume elections. But Raffensperger had already said it was too late to schedule an election for them and for Commissioner Tricia Pridemore, whose term expires this year.

Under the new law, Echols and Johnson would stand for election in 2025. Johnson was appointed to the commission in 2021 and was supposed to run for the last two years of his predecessor’s term in 2022, before running again in 2024. Instead, he would run again for a six-year term in 2026. Echols would serve for five years until 2030, facing voters only twice in 14 years, before resuming regular six-year terms.

Pridemore would see her term extended until 2026, serving for eight years. Commissioners Jason Shaw and Bubba McDonald, scheduled for reelection in 2026, would instead serve until 2028. Their positions would then revert to six-year terms.

In June, The U.S. Supreme Court decided not to hear a case challenging Georgia's elections of the commissioners.

The Associated Press contributed to this report.

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