In a significant ruling on Friday, a federal appeals court overturned a lower court judge's decision and allowed Georgia to maintain statewide elections for its five-member commission regulating utilities. The lower court judge had previously ruled that these statewide elections unlawfully diluted Black votes. This ruling has implications beyond Georgia's Public Service Commission, as it could potentially protect other statewide elections in states subject to scrutiny for racial discrimination under the Voting Rights Act.

The ruling could also signal limits to the recent wave of voting rights litigation, following the U.S. Supreme Court's decision to uphold a key part of the law in a case from Alabama earlier this year. In August 2022, U.S. District Judge Steven Grimberg had ordered Georgia's commissioners to be elected by district, marking the first time a statewide voting scheme had been overturned by a federal judge. However, a three-judge panel of the 11th U.S. Circuit Court of Appeals concluded that Grimberg had gone too far in his ruling.

Circuit Judge Elizabeth Branch, writing for the unanimous panel, stated, "Georgia chose this electoral format to protect critical policy interests and there is no evidence, or allegation, that race was a motivating factor in this decision." She added, "On the facts of this case, we conclude that plaintiffs' novel remedial request fails because Georgia's chosen form of government for the PSC is afforded protection by federalism and our precedents."

The plaintiffs strongly criticized the ruling, describing it as an endorsement of discrimination. Judge Grimberg had previously determined that statewide elections unfairly disadvantaged candidates preferred by Black voters. He argued that these candidates would have a better chance if voters in each district elected their representatives, which would allow for the creation of at least one Black-majority district.

Brionte McCorkle, the executive director of Georgia Conservation Voters and one of the plaintiffs, expressed disappointment, saying, "This ruling is another act of continuing discrimination against Black voters in Georgia. Voters should have an opportunity to vote for a public service commissioner that is responsive to their needs and represents their community. Instead, millions of voters are disenfranchised to maintain outdated and unfair electoral practices."

As of now, it remains unclear whether the plaintiffs intend to further appeal the decision. However, James “Major” Woodall, a plaintiff who is a minister and political activist, pledged to continue the fight, stating, "The fight is far from over, and we will continue to use every tool in our disposal to gain the relief we seek."

If the ruling stands, three out of the five Georgia commission seats could be on the 2024 ballots. While commissioners typically serve staggered six-year terms, the elections for Commissioners Fitz Johnson and Tim Echols were postponed from 2022 due to Judge Grimberg's previous ruling. Both Johnson and Echols had already won the GOP nomination. Commissioner Tricia Pridemore, another Republican, was already scheduled for election in 2024. The retention of statewide elections increases the likelihood that all five seats will remain in Republican hands, as they have been for years. Democrats who favor district-based elections are less likely to be favorable to utilities.

The Public Service Commission plays a crucial role in Georgia, as it determines the billing amounts for millions of ratepayers of utilities like Georgia Power Co. Additionally, the commission has the authority to decide on the allocation of resources and infrastructure for these utilities. It is unclear whether parties will nominate new candidates or if the 2022 nominees will remain in contention. The timing of the delayed elections is also uncertain, with the possibility of them taking place in November 2024 when voter turnout is expected to be the highest, or at some other time. No other statewide offices besides the public service commission are scheduled for the 2024 ballots.

The appeals court justified its decision by stating that the plaintiffs had failed to propose a plan to address discrimination while maintaining a statewide election system. The court emphasized that courts cannot impose a new form of government as part of a remedy under the Voting Rights Act. The court further cited previous cases that upheld at-large elections for judges, arguing that a district system could lead commissioners to prioritize their own districts over statewide concerns.

Plaintiffs have argued that the current commission is unresponsive to Black voters, including those with lower incomes who face high utility bills. The debate surrounding Georgia's election system for the Public Service Commission continues to highlight ongoing issues of racial discrimination and representation in the state.