Elections 2022: The Most Important Georgia Election You’ve Never Heard Of

In 1879, the State of Georgia founded the Railroad Commission of Georgia, tasked with regulation of rail services within the state. Decades later, as the Commission’s responsibilities began to expand in scope, in 1922, Georgia renamed the organization the Georgia Public Service Commission (PSC), a name that has remained to this day. Under its new name and new responsibilities, the PSC took charge of regulating many of the utilities Georgians use daily, including electric, gas, and telecommunications. Yet, in the past year, the PSC has found itself in the public eye now more than ever. Each of the five members of the Commission is elected by voters across Georgia, but commissioners must reside in one of five districts, a system which has drawn substantial criticism over its representation of minority voters since it came into force at the end of the 20th century. This criticism has come to a head in recent years, with multiple lawsuits being filed, both over the system itself, and over the residency of several candidates in particular. While the Georgia Public Service Commission has long been an unknown player on the stage of Georgia politics, it is clear that changes are needed to their election process to ensure that Black voters across the state are treated equitably.

After conflicting rulings from District Court Judge Steven Grimberg, a Trump appointee, and the 11th Circuit Court of Appeals, Rose v. Raffensperger, the case questioning the nature of the system, was appealed to the Supreme Court, which supported Grimberg’s decision. This resulted in an indefinite delay to the anticipated 2022 elections for the PSC, which would have seen Commissioners Tim Echols and Fitz Johnson’s seats up for election, as the appeals court fully considers the state’s appeal.

Rose v. Raffensperger was filed in 2020 by 4 Black Georgians, living in Fulton County, in the district Johnson was appointed to represent. The lawsuit, which was backed by The Department of Justice, argued that the system used to elect commissioners was biased against Black Georgians, violating the 1965 Voting Rights Act, unfairly diluting their voting power, and resulting in the commission frequently voting against the interests of their communities. Brad Raffensperger, the Secretary of State of Georgia, who oversees elections in the state, and the State of Georgia argued that the system doesn’t limit the power of Black voters, but that it simply doesn’t benefit “the Plaintiff’s partisan interests.” 

Over two years after the lawsuit was first filed, Judge Grimberg found in favor of the plaintiffs, writing that the system does unfairly dilute Black votes, and finding that the rules violated Section 2 of the Voting Rights Act. His ruling, upholding the key arguments made by the plaintiffs, enjoined any further elections for commissioners until the election process is changed by the courts or the Georgia General Assembly. This included the two commissioners up for re-election in 2022, Echols and Johnson, who would serve until the structure is reformed, either judicially or legislatively.  

Grimberg’s ruling was quickly challenged by Georgia, who appealed to the 11th Circuit Court of Appeals. Just a week after the ruling, the court overturned Grimberg’s stay of the upcoming elections, finding that the ruling came too close to the November elections.

The plaintiffs soon chose to appeal the ruling to the U.S. Supreme Court. Now rapidly closing on the November elections, the Supreme Court, again not ruling on the merits, found that the 11th Circuit had to decide whether they wanted to hear the full appeal before reinstating the elections. While the decision of the 11th Circuit has yet to be reached, and it remains to be seen whether they support the state after assessing the case on the merits, it is clear that the plaintiff’s argument holds more water than the state gives them credit for. As the suit noted, since the current system came into place, just one Black commissioner has been elected. This raised significant questions, considering that the state was, as of July 2021, 33% Black, and supports the plaintiffs argument, evidencing a clear lack of proportional representation.

Further adding to this evidence is the demographic breakdown at a PSC district level. While District 3, one of the districts which was expected to have an election in 2022 is a plurality-Black district, the state of Georgia as a whole is majority-white. This results in situations where, despite the election structure nominally being intended to ensure representation of all parts of Georgia, the white majority of the state can select commissioners for a given district, essentially superimposing their will over the will of the district’s voters.

While the truth behind the plaintiff’s arguments is clear, ways to go about resolving the issue are murkier. One possible alternative would be to remove the districts altogether, and make all five positions elected from residency anywhere in the state by voters from the entire state. This may appear to be the simplest solution, as it is functionally the same style already used by Georgians to elect individual statewide officials. However, it would still create situations where white Georgians would be able to dominate the elections, and Black voters would lack the ability to make their voices heard. The proposed solution by the plaintiffs is somewhat more elegant: convert the current system to single-member districts, elect the way members of Congress are elected, and create a majority-Black district. This may be the best possible solution, as it ensures Black voices are heard on the PSC, though questions would remain over whether it would be able to ensure proportional representation, as having one Black majority district would only ensure representation in 20% of seats, or less than the 33% figure that represents Blacks within the population of Georgia.

The Georgia Public Service Commission isn’t the most glamorous elected office in Georgia. But they provide vital regulatory oversight over several key utilities, including gas, electricity, and telecommunications. And, as important as the commission is, it is imperative that all communities within the state be represented, and have their voices heard in the electoral process. In the status quo, as a federal judge has already found, Black Georgians are historically left out of the electoral process, and lack substantial representation on the commission. Taking immediate steps to ensure that all voices are heard in the process and on the PSC, including potentially through converting the system of elections to single-member districts, is necessary in the interest of protecting voters’ civil rights.