Eleventh Circuit Rules in Favor of Statewide Elections for Public Service Commissioner in Georgia

On November 24, the Eleventh Circuit issued an opinion in Rose v Raffensperger, 22-12593. The issue was whether Georgia is required by the Voting Rights Act to elect its Public Service Commissioners by district. The state has long elected all five Commissioners in statewide elections. The Eleventh Circuit opinion upholds statewide elections, reversing the U.S. District Court.

Here is the opinion. It is by Judge Elizabeth Branch, a Trump appointee. It is also signed by Judge Britt Grant, a Trump appointee; and U.S. District Court Judge Harvey Schlesinger, a Bush Sr. appointee from Florida.

The ruling is good news for the ability of minor parties to obtain or retain qualified ballot status for statewide office. The Georgia law says a party is ballot-qualified if it polls at least 1% of the number of registered voters for any statewide office, although that status only extends to statewide office. In 2024, there are no statewide races except President and Public Service Commission. If the Commissioners were elected in districts, that office wouldn’t be a statewide office, so the vote test wouldn’t apply to that office. Therefore, without this ruling, a party would need to poll 1% of the number of registered voters for President. Minor parties always poll far higher percentages of the vote for Public Service Commission than for President. For example, the Georgia Libertarian Party has never polled as much as 1% of the number of registered voters for president, except in 2016. No other third party has either, in the period from 1950 to the present, except for the Reform Party in 1996 and the American Party in 1968.

It is not certain that the next Public Service Commission election will be in November 2024, but there will be at least one such election in November 2024, even if the other two seats are filled in a special election sometime sooner than November 2024. There should have been two statewide Commissioners up in 2022, but the election was never held and two commissioners had their terms extended. The Eleventh Circuit opinion does not express any opinion about when the two 2022 seats should be filled.


Comments

Eleventh Circuit Rules in Favor of Statewide Elections for Public Service Commissioner in Georgia — 6 Comments

  1. Many efforts of commie dems to have gerrymander dists for exec and judic offices using 1965 VRA.

    All a perversion of 15th Amdt

    P-A-T

  2. The 15th amendment is itself an improperly adopted perversion of the constitutional compact. The at large or district election decisions regarding Georgia election should be no business of the federal government, any more than of NATO, UN, etc. Best of all for Georgia would be to belong to none of them, and second best would be to keep them out of matters they were never supposed to be involved in when those compacts were entered, including the pernicious idea of compact irrevocability, or the absurd fiction that the federal government created the states.

  3. USA CONST ART VII- STATES CREATED THE USA REGIME — WITH ITS FATAL DEFECTS

    FROM THE WRECKAGE OF THE 1777 ARTS CONFED CREATED BY STATES — WITH ITS FATAL DEFECTS — BEING IGNORED AND LEFT TO ROT.

  4. Articles should have been left in place. Even so, 9th & 10th make clear States had every right to secede, despite might makes right illogic and moron “justices.” The uncivil war and improperly adopted post-war amendments altered the balance of power in a counterproductive way, setting the stage for the rot since as well as far worse things on the international stage and quite likely much more to come.

  5. FEMA–

    HOW MORON ECON/MIL CLUELESS WERE THE SLAVERS IN 1860 ???

    UK AND FRANCE HAD ABOLISHED SLAVERY –

    SPAIN EMPIRE IN FATAL DECLINE — DEAD IN 1931.

    NORTHERN STATES MAJOR POWERS- IRON – COAL – OIL >>> STEAM ENGINES – BOATS / RAILROADS – TELEGRAPHS

    POPULATIONS ABOUT 60 PLUS PCT — SOUTH 40 MINUS PCT — INCL SLAVES

    IE LIKE ECON/MIL CLUELESS TOP JAPAN KILLERS/ENSLAVERS IN 1941.

  6. The Yankee aggressors were more clueless (or evil) since they could have easily spent less and avoided all the bloodshed by doing what all those other countries which abolished slavery did, or at least all the ones which had any significant number of slaves, and I think even those that didn’t : paid compensation for kids of previously legal property.

    The South was the most prosperous part of the country before the war, although only a minority of Whites owned slaves, and of those only a minority owned more than one or two. A not insignificant number of free negroes and American natives also owned slaves.

    Northern industry relied heavily on tariffs from southern agriculture. The military was also always disproportionately Southern.

    Japan was an expansionist empire, unlike the South, which just wanted to be left alone. Lincoln had more in common with Tojo than Davis ever did.

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