Georgia asks appeals court to return PSC elections to ballot

In this Jan. 13, 2020, file photo, Georgia Attorney General Chris Carr speaksduring the opening day of the year for the general session of the state legislature in Atlanta. (AP Photo/John Amis, File)

Georgia is asking a federal appeals court to put elections for public service commissioners back on the November ballot, a week after a federal judge found that the statewide election of the five commissioners illegally diluted Black votes.

Attorney General Chris Carr on Monday asked the 11th U.S. Circuit Court of Appeals to allow elections for two commissioners to go forward after U.S. District Judge Steven Grimberg ordered the state to not prepare ballots for the elections.

The state argues that Grimberg fundamentally erred in his decision by concluding that race and not Democratic partisanship drove the defeat of the candidates preferred by Black voters. It also says the judge overstepped in concluding that only state law and not the state constitution requires statewide elections.