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Ga. Urges That Court Dismiss Another Lawsuit Challenging PSC Elections

Georgia urged a federal district court to reject an effort aimed at overturning a 2024 state law that revises commissioner terms at the Georgia Public Service Commission. In a July 17 complaint at the U.S. District Court for Northern Georgia, the plaintiff, Georgia Conservation Voters Education Fund, said the law (HB-1312) violates the constitutions of Georgia and the U.S. The plaintiff asked the court to enjoin the state from enforcing the law in future elections. Georgia opposed preliminary injunction and urged the court to dismiss the complaint in filings Monday. The state said that HB-1312 was necessary to restore a system of staggered terms after a previous lawsuit from the same plaintiff -- claiming that Georgia PSC election methods violate the Voting Rights Act (see 2407190036) -- led to the delay of 2022 and 2024 PSC elections. “This lawsuit seeks to take Georgia’s win in … [the] first case and force a result where Georgia would still lose by being required to surrender its strong state interest in staggered terms for PSC,” the state wrote. “Those terms are specifically designed to avoid having a majority of the members up for election in the same year.” Georgia responded that the plaintiff lacks standing and fails to make a claim. The state said: The district court shouldn’t “further interfere with the state’s exercise of its constitutional authority” to determine how to run commissioner elections.