Appeals court says Georgia may elect utility panel statewide, rejecting a ruling for district voting

Units 3, left, and 4 and their cooling towers stand at Georgia Power Co.’s Plant Vogtle nuclear power plant, Jan. 20, 2023, in Waynesboro, Ga. (AP Photo/John Bazemore, File)

A federal appeals court ruled on Friday that Georgia can keep statewide elections for its five-member commission regulating utilities, overturning a lower court judge who found statewide elections illegally diluted Black votes.

The ruling is important beyond Georgia’s Public Service Commission because it could help protect certain statewide elections in other states subject to scrutiny for racial discrimination under the Voting Rights Act. It also could signal limits to a new wave of voting rights litigation after the U.S. Supreme Court upheld a key part of the law this year in an Alabama case.

In August 2022, U.S. District Judge Steven Grimberg had ordered Georgia’s commissioners elected by district, the first time a statewide voting scheme had been overturned by a federal judge. But a three-judge panel of the 11th U.S. Circuit Court of Appeals ruled Grimberg went too far.