A federal appeals court ruled on Friday that Georgia can keep statewide elections for its five-member commission regulating utilities, overturning a lower court judge who found statewide elections illegally diluted Black votes.
The ruling is important beyond Georgia’s Public Service Commission because it could help protect certain statewide elections in other states subject to scrutiny for racial discrimination under the Voting Rights Act. It also could signal limits to a new wave of voting rights litigation after the U.S. Supreme Court upheld a key part of the law this year in an Alabama case.
In August 2022, U.S. District Judge Steven Grimberg had ordered Georgia’s commissioners elected by district, the first time a statewide voting scheme had been overturned by a federal judge. But a three-judge panel of the 11th U.S. Circuit Court of Appeals ruled Grimberg went too far.
“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,” Circuit Judge Elizabeth Branch wrote for the unanimous panel. “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.”
Plaintiffs decried the ruling as sanctioning discrimination. Grimberg had found statewide elections illegally handicapped Black-favored candidates, and that such candidates would have a better chance if only voters in a district elected each candidate, making it possible to draw at least one Black-majority district.
It wasn’t immediately clear if the plaintiffs would further appeal. Another plaintiff, minister and political activist James “Major” Woodall, pledged that “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, it could put three of the five Georgia commission seats on 2024 ballots. Commissioners typically serve staggered six-year terms, but elections for the places held by Commissioners Fitz Johnson and Tim Echols were delayed from 2022 by Grimberg’s ruling. Johnson and Echols had already each won the GOP nomination.
