![]() With that case now decided, Georgia's case can proceed. The case was stayed, pending the Supreme Court's decision on Allen v. Right now, the case is at the 11th District Court of Appeals, which last held a hearing on the case in December. Had the election taken place before this decision, she said it could have caused the results to be nullified, thus waiting has allowed the state ensure the election is conducted fairly in accordance to law. Hurry up and waitĪccording to Hughes, Georgians will be in a "hurry up and wait" holding pattern until the PSC election case is decided, but it could be soon. Fitz Johnson, a Black man, currently sits on the board for District 3 but was appointed to fill a vacancy, not elected, and is seeking to retain his seat in the upcoming election. Currently, all five seats of the commission are Republican. In the 144-year history of the PSC only one Black candidate has ever won a seat, Democrat David Burgess who won his election in 2000 after initially being appointed to the position. She said this is seen in all other elections in Georgia and the PSC should come into alignment. "But if you say we're electing these commissioners based on congressional districts, we see that there's diversity based on the congressional district that reflects the population of the voters," Hughes said. Although the district the plaintiffs live in has a higher proportion of Black residents than the state average, the statewide vote doesn't reflect that. Hughes said that in Georgia, the PSC election lawsuit argues that the at-large election dilutes the Black vote. The highly anticipated decision was a 5-4 split, with Chief Justice John Roberts and Justice Brett Kavanaugh siding with the court's more liberal-leaning justices in favor of redrawing the congressional districts. Currently, only one out of the state's seven districts is majority Black even though the last census reflected that a little over 26% of the voting population is Black. Milligan), the court was considering whether the congressional districts in Alabama were drawn in a way that watered down Black Alabamians' votes. Hughes said in this case decided last week, Allen v. The case that spurred the act came from Alabama in the 1960s, where even though Black Americans had the right to vote, intimidation and other tactics prevented Black voters from casting their ballots. She said even if a policy does not intend to cause inequality, if the outcome is proven to produce racial bias or inequity it is in violation of the Voting Rights Act of 1965. "The Voting Rights Act seeks to prevent racial bias in voting even in absence of racial intent," said Alicia Hughes, who is a visiting assistant professor of practice and interim director of the Center for Civil Rights and Social Justice at Emory University School of Law. PSC decisions: Public Service Commission approves Georgia Power bill increase for ratepayers in 2023 Racial bias, regardless of intent, is the question Waiting: Public Service Commission elections in limbo while court decides fate rate hike still on table The state has contended that the PSC commissioners, who serve six-year terms on the board, be voted on at large because they vote on matters that affect the entire state. Until this case, the at-large system has meant that although PSC candidates must live in their districts, they are elected by voters of the entire state. In 2020, plaintiffs including leaders of groups such as the NAACP, Georgia Conservation Voters and Black Voters Matter filed a Voting Rights Act lawsuit against Georgia Secretary of State Brad Raffensperger. Last election season: Public Service Commission election delayed again per Supreme Court ruling What's the argument? On the ruling: Supreme Court rejects Alabama congressional map that diluted Black vote in surprise ruling Supreme Court released its decision on a case with similar facts in Alabama on June 8. However, that case might be decided soon since the U.S. Voters were supposed to vote on two of the five PSC seats in November, but the election was delayed pending a Voting Rights Act lawsuit alleging the at-large voting system used to elect PSC members unlawfully dilutes the Black vote in Georgia. Georgians have received news on Georgia Power price increases and the ever-nearing operation of Plant Vogtle's two new reactors, but there has been little news on the delayed election of the state's energy utility regulatory board, the Public Service Commission (PSC), which oversees electricity and gas prices in Georgia. ![]() Supreme Court might impact your Georgia Power bills in the near future. Editor's note: This story was updated to correct the spelling of Shelia Edward's name, include District 2 libertarian candidate Colin McKinney.Ī voting rights lawsuit from Alabama that made its way up to the U.S.
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