In 2022, Black voters won their case challenging the at-large method of electing Georgia Public Service Commissioners in a historic federal lawsuit against the Georgia Secretary of State.
However, the Secretary of State has taken action to reverse this historic win — and voters are at risk of losing their rights again.
Here's What You Need to Know
On August 5th, 2022, Judge Grimberg ruled the current method of electing Public Service Commissioners weakened Black voters' voices, violating the Voting Rights Act of 1965.
The State of Georgia appealed, and Judge Grimberg's ruling was overturned.
The plaintiffs counter-appealed to the Supreme Court, and the Supreme Court put Judge Grimberg's original ruling back in place.
As a result, no PSC Commissioners were on the ballot last November.
The Supreme Court then sent the case back to the 11th Circuit Court of Appeals with instructions to review their original overruling of Judge Grimberg's decision.
We expect a decision to be handed down by the 11th Circuit soon.
About Richard Rose, et al. v. Brad Raffensperger
The Public Service Commission (PSC) is a body of five elected officials each of whom allegedly represents a district. Commissioners must reside in one of the five commission districts to serve as that district's commissioner. However, despite the presence of districts, commissioners are elected statewide.
Because statewide elections determine who becomes commissioner — and not voters who live in the district — this election method dilutes the voting power of Black voters. The result is a chronic lack of representation on the commission, which has been nearly all-white and all-male since 1879. There have only ever been two Black Public Service Commissioners. In 1999, Governor Roy Barnes appointed the first, David Burgess. In 2021, Governor Brian Kemp appointed Fitz Johnson to the PSC.
Without proper representation on the commission, Black voters in Georgia find themselves at risk of higher rates they cannot afford and have no voice to express their concerns.
The lawsuit alleges that due to this election structure, the Secretary of State has violated Section 2 of the Voting Rights Act of 1965, which prohibits voting practices or procedures that discriminate based on race. The lawsuit demands the Secretary of State stop using the at-large method to elect commissioners and choose an election method that empowers voters to elect commissioners responsive to their concerns.
On Friday, August 5th, 2022, a federal court ruled elections for the Georgia Public Service Commission violate Section 2 of the Voting Rights Act by diluting the votes of Black citizens. The ruling blocked the Secretary of State from holding elections for PSC Districts 2 and 3 that November. The ruling ordered the general assembly to redesign the election, and it could no longer use the at-large method. The next election was to be scheduled after the state's remedy was approved by the court.
You can read our full statement on the decision here.
Georgia voters deserve the right to hold Public Service Commissioners accountable at the ballot box. For years, elections for the Georgia Public Service Commission were delayed while two related legal fights moved through the courts. These cases are connected, but they challenged different problems.
The Two Cases
Case 1: Rose v. Raffensperger
The original lawsuit challenged Georgia's statewide, at-large method of electing Public Service Commissioners under the Voting Rights Act. In 2022, a federal district court ruled the system violated Section 2 of the Voting Rights Act and blocked PSC elections from moving forward. The Eleventh Circuit later reversed that ruling, and the U.S. Supreme Court declined to take the case.
As a result, Georgia resumed PSC elections under the existing statewide election system.
Case 2: McCorkle et al. v. Secretary of State
After Rose, the Georgia Legislature passed House Bill 1312, which reset the PSC election calendar and extended the time several commissioners could remain in office without facing voters. Critics argued the law illegally extended commissioner terms without the constitutional amendment required under Georgia law.
Brionté McCorkle, Georgia Conservation Voters Education Fund, Georgia WAND Education Fund, and other plaintiffs challenged HB 1312 because voters had already gone years without the chance to vote on PSC seats directly affecting their power bills. The lawsuit sought to restore voter accountability as quickly as possible, including by adding District 5 to the 2025 election schedule.
Rose v. Raffensperger — Timeline
Plaintiffs — a group of Black voters — file a lawsuit against the Georgia Secretary of State challenging the at-large method of electing PSC members under Section 2 of the Voting Rights Act.
The district court denies the Secretary's motion to dismiss, which argued single-member districting was an impermissible remedy.
The district court denies the Secretary's motion for summary judgment and grants partial summary judgment to the plaintiffs on the Gingles preconditions.
A five-day bench trial is held.
The district court rules in favor of the plaintiffs, finds the at-large election system violates Section 2 of the Voting Rights Act, and issues a permanent injunction against at-large elections for the PSC. This decision leads to the cancellation of the 2022 PSC elections.
A panel of the Eleventh Circuit Court of Appeals reverses the district court's judgment, concluding the plaintiffs' proposed remedy of single-member districts was not viable.
The Eleventh Circuit stays the district court's injunction. Two days later, Governor Brian Kemp signs House Bill 1312 into law.
The Eleventh Circuit denies a rehearing of the appeal. On the same day the mandate is issued, the plaintiffs file a motion to amend their complaint to propose new remedies.
McCorkle et al. v. Secretary of State — Timeline
Brionté McCorkle and other plaintiffs file a new lawsuit challenging HB 1312, arguing it violates their federal due process. They also seek a preliminary injunction to prevent enforcement of the law and to mandate a special election.
The district court denies the motion to amend the complaint, citing undue delay, prejudice, and futility. It also denies the motion for relief as moot and directs the clerk to close the case.
The plaintiffs in the Rose case appeal the denial of their motion to amend the complaint.
The appellants file a motion to expedite the appeal of the district court's decision in the McCorkle case, or alternatively for summary reversal. The Secretary files a response opposing the motion.
The Eleventh Circuit grants the motion to expedite and schedules oral arguments for September 18. Shortly after, plaintiffs withdraw the complaint to avoid further delaying PSC elections.
Current Status
PSC Elections — 2025 Update
PSC elections resumed in 2025. Districts 2 and 3 appeared on the ballot in November 2025, and voters elected new commissioners to both seats.
Why This Still Matters
Recent court decisions have made it more difficult to challenge statewide election systems like the PSC's under federal law — leaving voters with fewer legal pathways to address how PSC elections are structured.
The Georgia Legislature's actions to delay elections and extend commissioner terms showed how easily voters can lose the opportunity to hold regulators accountable for decisions directly affecting their power bills.
The PSC regulates Georgia Power and makes decisions affecting electric bills, energy sources, and utility profits. When elections are delayed, voters lose one of their few direct tools to hold commissioners accountable.
Georgia Conservation Voters Education Fund's role is nonpartisan. We help Georgians understand how the PSC works, how its decisions affect their lives, and how they can stay civically engaged.