Ga. Voters Defend PSC Elections Lawsuit

Georgia voters urged a federal court to reject the state’s motion to dismiss a lawsuit related to Georgia Public Service Commission elections. Plaintiffs, including Georgia Conservation Voters Executive Director Brionte McCorkle, are asking the U.S. District Court for Northern Georgia to overturn a 2024 state law that tried to restore staggered commissioner terms after previous litigation led to the delay of 2022 and 2024 PSC elections (see 2408130037). The plaintiffs said the law violates the Georgia and U.S. constitutions. But Georgia argued that the complaint is flawed because the plaintiffs lack standing and fail to state a federal claim. The plaintiffs responded Monday that McCorkle has standing because “she alleges the denial of her right to vote in a specific election delayed by an unconstitutional statute.” In addition, “McCorkle states a federal claim for a violation of the [U.S. Constitution's] Due Process Clause by alleging that [Georgia Secretary of State Brad Raffensperger (R)] has delayed or denied an election in which she is entitled to vote under state law.” In another Monday filing supporting a motion for preliminary injunction against Georgia, plaintiffs said the “main thrust” of Raffensperger’s opposition is that the 2024 law is “good policy,” but “good policy doesn’t authorize the Secretary to violate the Georgia Constitution.” The plaintiffs added, “Delaying elections for three seats on the PSC from 2024 until 2025 and 2026 … denies Georgia voters their right under Georgia law to vote for those seats in 2024.” That violates due process, they said (case 1:24-cv-03137-WMR).