Introduction
Two advocacy groups filed a lawsuit on Wednesday challenging a new Georgia law that extends the terms of the state’s public service commissioners. The plaintiffs argue that the law, which allows the five Republican commissioners to serve terms longer than six years, is unconstitutional.
The Lawsuit
The Georgia WAND Education Fund, Georgia Conservation Voters Education Fund, and Brionte McCorkle, the executive director of the conservation group, brought the suit to federal court in Atlanta. They allege that the law violates their due-process rights under the 14th Amendment of the U.S. Constitution.
Defendants and Background
Georgia Secretary of State Brad Raffensperger, who oversees elections, is named as the defendant. The Public Service Commission, which regulates utility rates in Georgia, has faced criticism for allowing rate increases by Georgia Power Co., a subsidiary of Southern Co. The plaintiffs argue that voters deserve a say in these decisions.
Legislative Changes
In anticipation of court-mandated elections, Georgia lawmakers extended the current commissioners’ terms by two years, pushing their re-election dates and preventing a majority change in a single election cycle.
