2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 2 - PUBLIC SERVICE COMMISSION (§§ 46-2-1 — 46-2-95) › Article 1 - ORGANIZATION AND MEMBERS (§§ 46-2-1 — 46-2-10) › Section 46-2-1.1 - [Staggered elections and staggered terms]

(a)
The provisions of this Code section are intended to address the situation created as a result of elections for Public Service Commission Districts 2, 3, and 5 not being conducted in 2022 or 2024 pursuant to an injunction issued in
Rose v. Raffensperger
, 619 F. Supp. 3d 1241 (N.D. Ga., 2022), and is further intended to preserve the state's interest in ensuring that members of the commission are elected in staggered elections and serve staggered terms.
(b)
Those members of the commission in office on January 1, 2024, as well as any person appointed to fill a vacancy in such office, shall serve the term provided for in this Code section and until their successors are elected and qualified as provided for in this subsection:
(1)
A state-wide general election for Public Service Commission District 1 shall be held on the Tuesday following the first Monday in November, 2028. The commissioner elected at such election shall serve a six-year term beginning on January 1, 2029, and ending on December 31, 2034;
(2)
A state-wide special election for Public Service Commission District 2 shall be held on the same day as the 2025 municipal general election, the Tuesday following the first Monday in November, 2025. The commissioner elected at such election shall serve a five-year term beginning on January 1, 2026, and ending on December 31, 2030;
(3)
A state-wide special election for Public Service Commission District 3 shall be held on the same day as the 2025 municipal general election, the Tuesday following the first Monday in November, 2025. The commissioner elected at such election shall serve a one-year term beginning on January 1, 2026, and ending on December 31, 2026;
(4)
A state-wide general election for Public Service Commission District 4 shall be held on the Tuesday following the first Monday in November, 2028. The commissioner elected at such election shall serve a six-year term beginning on January 1, 2029, and ending on December 31, 2034; and
(5)
A state-wide general election for Public Service Commission District 5 shall be held on the Tuesday following the first Monday in November, 2026. The commissioner elected at such election shall serve a six-year term beginning on January 1, 2027, and ending on December 31, 2032.
(c)
Notwithstanding any other provision of law to the contrary on the timing of special primary elections, for the Public Service Commission District 2 and 3 special elections provided for in subsection (b) of this Code section, a special primary shall be held on the third Tuesday in June, 2025. The period during which a candidate may qualify to run for the special primary and special election for Public Service Commission Districts 2 and 3 shall be held on the eleventh week prior to the date of such special primary election and shall remain open for a period of two and one-half days.
(d)
Unless otherwise provided for in this Code section, the special primary elections, special elections, and general elections provided for in this Code section shall be held and conducted in all respects in accordance with the provisions of Chapter 2 of Title 21, the 'Georgia Election Code.'
(e)
Successors to the commission elected pursuant to this Code section shall be elected pursuant to Code Section
46-2-1
.
Added by 2024 Ga. Laws 380,§ 2, eff. 4/18/2024.