Georgia PSC elections 'dilute' Black votes, court opinion states

ATLANTA - A federal judge ruled in favor of Georgia voting rights activists, saying the state violates the Voting Rights Act with the way Public Service Commissioners are elected.

The court opinion in Rose v. Raffensperger states the at-large method of electing commissioners "dilutes" Black votes in Georgia. The court instructed Georgia Secretary of State Brad Raffensperger not to use the at-large method in any future PSC elections, including the upcoming 2022 election. It also instructed the Georgia Assembly to devise a new method of electing PSC commissioners.

"The Court’s decision today vindicates what we have advocated for two years: Georgia’s statewide method of electing Public Service Commissioners unlawfully dilutes the votes of Black Georgians," attorney Bartlit Beck. "This ruling immediately impacts how millions of Georgians will elect those powerful officials who determine how much everyday folks must pay for basic utilities.  It is one of the most important decisions to advance voting rights in a generation."

Plaintiffs, several Black activists from PSC District 3 in Fulton, Clayton, DeKalb and Rockdale counties, filed the suit in July 2020. 

The court cited a revision to Georgia Code in its decision.

"Prior to 1998, the Georgia Code provided that any voter in Georgia entitled to vote for members of the General Assembly could vote for members of the PSC, and that election procedures were to be held "under the same rules and regulations as apply to the election of the Governor,'" the court opinion states. 

The opinion goes on to say, "In 1998, the General Assembly amended the Georgia Code to require members of the PSC to reside in one of five districts, but the members would continue to be elected by statewide vote. There is no indication from the revision to the statute that the General Assembly intended any change to who would be permitted to vote for PSC members."

Attorneys for Raffensperger, a Republican, called the lawsuit partisan. An expert explained Black voters overwhelmingly support Democratic candidates, but the court found the expert could not speak to the effect of race or partisanship in PSC elections, specifically. 

The PSC makes decisions that affect how much people pay for utilities, including electricity, telephone and natural gas. The court found the plaintiffs to be "credible" in identifying 

and understanding how matters within the PSC’s jurisdiction affect the Black community.

The Secretary of State's office had not responded to the ruling by noon on Friday.