O.C.G.A.

O.C.G.A. § 46-2-1 (2019)

Election of Commissioners; terms of office

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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(a) The Georgia Public Service Commission shall consist of five members to be elected as provided in this Code section. The members in office on January 1, 2000, and any member appointed or elected to fill a vacancy in such membership prior to the expiration of a term of office shall continue to serve out their respective terms of office. As terms of office expire, new members elected to the commission shall be required to be residents of one of five Public Service Commission Districts as hereafter provided, but each member of the commission shall be elected state wide by the qualified voters of this state who are entitled to vote for members of the General Assembly. Except as otherwise provided in this Code section, the election shall be held under the same rules and regulations as apply to the election of Governor. The Commissioners, who shall give their entire time to the duties of their offices, shall be elected at the general election next preceding the expiration of the terms of office of the respective incumbents. Their terms of office shall be six years and shall expire on December 31.

(b) In order to be elected as a member of the commission from a Public Service Commission District, a person must have resided in that district for at least 12 months prior to election thereto. A person elected as a member of the commission from a Public Service Commission District by the voters of Georgia must continue to reside in that district during the person’s term of office or that office shall thereupon become vacant. (c) For the purpose of electing the members of the Public Service Commission, the state shall be divided into five Public Service Commission Districts described as follows: District 001 Appling County Atkinson County Bacon County Baker County Ben Hill County Berrien County Bleckley County Brantley County Brooks County Bryan County Bulloch County Calhoun County Camden County Candler County Charlton County Chatham County Chattahoochee County Clay County Clinch County Coffee County Colquitt County Cook County Crisp County Decatur County Dodge County Dooly County Dougherty County Early County Echols County Effingham County Evans County Glynn County Grady County Irwin County Jeff Davis County

Lanier County Laurens County Lee County Liberty County Long County Lowndes County Macon County Marion County McIntosh County Miller County Mitchell County Montgomery County Pierce County Pulaski County Quitman County Randolph County Schley County Seminole County Stewart County Sumter County Tattnall County Telfair County Terrell County Thomas County Tift County Toombs County Treutlen County Turner County Ware County Wayne County Webster County Wheeler County Wilcox County Worth County District 002 Baldwin County Barrow County Bibb County Burke County Butts County Clarke County Columbia County Crawford County Elbert County Emanuel County

Glascock County Greene County Gwinnett County Tract: 504.15 Tract: 504.16 Tract: 504.29 Tract: 504.30 Tract: 505.09 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 BG: 3 BG: 4 Tract: 505.14 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1017 1018 1019 1020 1021 1039 1040 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2011 2012 2013 2014 2015 2042 2043 2057 2058 2999 Tract: 505.16 BG: 1 BG: 2 2000 2001 2002 2008 2009 2010 2011 2012 2013 2022 2023 2024 2025 2026 2027 2028 2029 2030 BG: 5 Tract: 505.20 BG: 1 BG: 2 2033 2034 2035 Tract: 505.21 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3022 3023 3024 BG: 4 4006 4007 4008 Tract: 505.22 Tract: 506.02 Tract: 506.03 BG: 2 2010 2011 2038 2039 2040 2041 2042 2043 2044 Tract: 506.04 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025

2051 2052 2053 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 BG: 3 Tract: 507.04 Tract: 507.05 Tract: 507.09 Tract: 507.13 Tract: 507.14 Tract: 507.15 Tract: 507.16 Tract: 507.17 Tract: 507.18 Tract: 507.19 Tract: 507.20 Tract: 507.21 Hancock County Houston County Jackson County Jasper County Jefferson County Jenkins County Johnson County Jones County Lincoln County Madison County McDuffie County Monroe County Morgan County Newton County Oconee County Oglethorpe County Peach County Putnam County Richmond County Rockdale County Screven County Taliaferro County Taylor County Twiggs County Walton County Warren County Washington County Wilkes County Wilkinson County District 003

Clayton County DeKalb County Fulton County District 004 Banks County Bartow County Catoosa County Chattooga County Cherokee County Dade County Dawson County Fannin County Floyd County Forsyth County Franklin County Gilmer County Gordon County Gwinnett County Tract: 501.03 Tract: 501.04 Tract: 501.05 Tract: 501.06 Tract: 502.02 Tract: 502.04 Tract: 502.05 Tract: 502.06 Tract: 502.07 Tract: 503.04 Tract: 503.06 Tract: 503.07 Tract: 503.08 Tract: 503.09 Tract: 503.10 Tract: 503.11 Tract: 503.12 Tract: 503.13 Tract: 503.14 Tract: 503.15 Tract: 503.16 Tract: 504.03 Tract: 504.10 Tract: 504.11 Tract: 504.17 Tract: 504.18 Tract: 504.19

Tract: 504.20 Tract: 504.21 Tract: 504.22 Tract: 504.23 Tract: 504.24 Tract: 504.25 Tract: 504.26 Tract: 504.27 Tract: 504.28 Tract: 505.07 Tract: 505.09 BG: 2 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 Tract: 505.10 Tract: 505.11 Tract: 505.12 Tract: 505.13 Tract: 505.14 BG: 1 1016 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 BG: 2 2010 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2059 2060 2061 Tract: 505.15 Tract: 505.16 BG: 2 2003 2004 2005 2006 2007 2014 2015 2016 2017 2018 2019 2020 2021 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 Tract: 505.17 Tract: 505.18 Tract: 505.19 Tract: 505.20 BG: 1 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050

Tract: 505.21 BG: 3 BG: 4 4000 4001 4002 4003 4004 4005 4009 4010 BG: 5 Tract: 506.03 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 Tract: 506.04 BG: 2 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2054 2055 2056 2057 2058 2059 Tract: 507.12 Habersham County Hall County Hart County Lumpkin County Murray County Pickens County Rabun County Stephens County Towns County Union County Walker County White County Whitfield County District 005 Carroll County Cobb County Coweta County Douglas County Fayette County Haralson County Harris County Heard County Henry County Lamar County Meriwether County Muscogee County Paulding County

Pike County Polk County Spalding County Talbot County Troup County Upson County (d) The first members of the commission elected under this Code section shall be elected thereto on the Tuesday next following the first Monday in November, 2000, from Public Service Commission Districts 3 and 5, shall take office on the first day of January immediately following that election, and shall serve for terms of office of six years and until the election and qualification of their respective successors. Those members of the commission elected thereto on the Tuesday next following the first Monday in November, 2002, from Public Service Commission Districts 1 and 4 shall take office on the first day of January immediately following that election and shall serve for terms of office of six years and until the election and qualification of their respective successors. The member of the commission elected thereto on the Tuesday next following the first Monday in November, 2004, from Public Service Commission District 2 shall take office on the first day of January immediately following that election and shall serve for a term of office of six years and until the election and qualification of his or her respective successor. All future successors to members of the commission whose terms of office are to expire shall be elected at the state-wide general election immediately preceding the expiration of such terms, shall take office on the first day of January immediately following that election, and shall serve for terms of office of six years. (e) For purposes of this Code section: (1) The terms ‘‘Tract’’ and ‘‘BG’’ (Block Group) shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 2000 for the State of Georgia. The separate numeric designations in a Tract description which are underneath a ‘‘BG’’ heading shall mean and describe individual Blocks within a Block Group as provided in the report of the Bureau of the Census for the United States decennial census of 2000 for the State of Georgia. (2) Except as otherwise provided in the description of any Public Service Commission District, whenever the description of any Public Service Commission District refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 2000 for the State of Georgia. (3) Any part of the State of Georgia which is not included in any Public Service Commission District described in subsection (c) of this Code section shall be included within that district contiguous to such part

which contains the least population according to the United States decennial census of 2000 for the State of Georgia. (4) Any part of the State of Georgia which is described in subsection (c) of this Code section as being included in a particular Public Service Commission District shall nevertheless not be included within such Public Service Commission District if such part is not contiguous to such Public Service Commission District. Such noncontiguous part shall instead be included within that Public Service Commission District contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia.

History

(Ga. L. 1878-79, p. 125, § 1; Code 1882, § 719a; Civil Code 1895, § 2185; Ga. L. 1906, p. 100, §§ 1-3; Ga. L. 1907, p. 72, § 1; Civil Code 1910, §§ 2615, 2616; Ga. L. 1922, p. 143, § 1; Code 1933, § 93-201; Ga. L. 1998, p. 1530, §§ 1, 2; Ga. L. 2002, p. 359, §§ 1, 2.)

Annotations

JUDICIAL DECISIONS Beginning of term of commissioner fixed by statute. Bennett v. Public Serv. Comm’n, 160 Ga. 189, 127 S.E. 612 (1925). New office not created. - Georgia Laws 1906, p. 100 creates no new office, but simply provides a new way of filling an office already existing. With respect to their functions, duties, powers, etc., including the liability to removal from office and the method of effecting the same, the officers elected would be subject to the provisions of law existing at the time the method of selection to office was changed. Gray v. McLendon, 134 Ga. 224, 67 S.E. 859 (1910). Office of Public Service Commissioner is statutory office, and the power of the legislature is absolute with respect to all offices that it creates, where no constitutional restriction is placed upon its power. Felton v. Huiet, 178 Ga. 311, 173 S.E. 660 (1933). Residency requirement upheld. - Requiring appellee candidate to reside in the district for 12 months prior to the general election did not deny the candidate equal

protection under the United States Constitution or the Georgia Constitution as the residency requirement for election to the Georgia Public Service Commission was rationally related to the state’s legitimate interests in fostering informed voters and promoting knowledgeable and responsive candidates with ties to the community, and did not place an unreasonable burden on the right of voters to choose a candidate or the right of the candidate to run for public office. Cox v. Barber, 275 Ga. 415, 568 S.E.2d 478 (2002), cert. denied, 537 U.S. 1109, 123 S. Ct. 851, 154 L. Ed. 2d 780 (2003). Nature of actions against Commission. - Mere fact that Public Service Commission is constitutional body does not make action against it one against the state. Georgia Pub. Serv. Comm’n v. Atlanta Gas Light Co., 205 Ga. 863, 55 S.E.2d 618 (1949). Cited in Southern Ice & Coal Co. v. Atlantic Ice & Coal Corp., 143 Ga. 810, 85 S.E. 1021 (1915); Gas Light Co. v. Georgia Power Co., 313 F. Supp. 860 (M.D. Ga. 1970).

OPINIONS OF THE ATTORNEY GENERAL and Ga. Const. 1976, Art. IV, Sec. I, Para. I (Ga. Const. 1983, Art. IV, Sec. I, Para. I; Art. IV, Sec. VII, Para. I, II), members of the

Commissioners elected in same manner as Governor. - Under the terms of former Code 1933, § 93-201 (see O.C.G.A § 46-2-1)

Public Service Commission should be elected in the same manner as the Governor, as provided in former Ga. Const. 1976, Art. V, Sec. I, Para. III. 1948-49 Op. Att’y Gen. p. 161.

Georgia Public Service commissioner may not serve simultaneously as member of governing authority of a county. 1978 Op. Att’y Gen. No. 78-32.

Notes of Decisions

Cited in 13 cases (7 in the last 5 years), 1990–2026 · leading case: Cox v. Barber, 568 S.E.2d 478 (Ga. 2002).

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Cox v. Barber, 568 S.E.2d 478 (Ga. 2002). · cites it 20× “We granted the Secretary of State’s application for discretionary appeal to consider whether the trial court correctly held that the one-year residency requirement in OCGA § 46-2-1 (b) is unconstitutional as applied to Barber.”

Dozier v. Baker, 661 S.E.2d 543 (Ga. 2008). · cites it 10× “The General Assembly subsequently “amended OCGA § 46-2-1 to establish that new members elected to the commission must reside within specific districts.”

Georgia Power Co. v. Georgia Pub. Serv. Comm'n, 396 S.E.2d 562 (Ga. Ct. App. 1990). · cites it 4× “OCGA § 46-2-1. "The Georgia Public Service Commission was created for a special purpose with special competence to deal with special matters including the establishment of rates for public utilities.”

Handel v. Powell, 670 S.E.2d 62 (Ga. 2008). · cites it 2× “The Secretary asserted that candidate Powell did not reside in the district he seeks to represent, leaving for resolution whether the candidate will have resided in the district for twelve months prior to election to that office, as is statutorily required by OCGA § 46-2-1 (b).…”

Atlanta Gas Light Co. v. Georgia Pub. Serv. Comm'n, 442 S.E.2d 860 (Ga. Ct. App. 1994). · cites it 2× “OCGA § 46-2-1. ‘The Georgia Public Service Commission was created for a special purpose with special competence to deal with special matters including the establishment of rates for public utilities.”

Richard Rose v. Sec'y, State of Georgia, 87 F.4th 469 (11th Cir. 2023). · cites it 3× “O.C.G.A. § 46-2-1(a). USCA11 Case: 22-12593 Document: 60-1 Date Filed: 11/24/2023 Page: 6 of 34 22-12593 Opinion of the Court 6 [T]he one thing about the ﬁve commissioners is that we don’t ﬁght over where things go.”

Taffet v. S. Co., 967 F.2d 1483 (11th Cir. 1992). “1991); O.C.G.A. § 46-2-1 (1982) (Supp.1991). In Alabama, the legislature has delegated the responsibility for the determination of utility rates and of what constitutes a fair rate of return to the Alabama PSC.”

Rose v. Raffensperger (N.D. Ga. 2022). · cites it 13× “) (amending O.C.G.A. § 46-2-1). This formulation of who was entitled to vote for members of the PSC was consistent with the structure employed in the 1906 and 1907 Acts: “elected by the electors of the whole State” and “elected by the qualified voters of Georgia.”

Rose v. Raffensperger (N.D. Ga. 2022). · cites it 8× “O.C.G.A. § 46-2-1. Commissioners’ terms are staggered, and general elections take place every two years.”

Rose v. Raffensperger (N.D. Ga. 2021). · cites it 7× “O.C.G.A. § 46-2-1, et seq.10 Commissioners have been selected through state-wide elections since 1906.”

Tricia Pridemore in Her Individual Capactiy v. Energy & Policy Inst. (Ga. Ct. App. 2026). · cites it 2× “See OCGA § 46-2-1 et seq. Pridemore also serves as the President of the National Association of Regulatory Utility Commissioners (“NARUC”), which “represent[s] the state public service commissions who regulate the utilities that provide essential services” and is comprised of…”

Sandersville R.R. Co. v. Robert Donald Garrett, Sr. (Ga. Ct. App. 2026). · cites it 2× “See OCGA § 46-2-1 (a) (providing for the election of five PSC members).”

Show all 13 citing cases →

— 46-2-1(a) — 4 cases

Richard Rose v. Sec'y, State of Georgia, 87 F.4th 469 (11th Cir. 2023). “O.C.G.A. § 46-2-1(a). USCA11 Case: 22-12593 Document: 60-1 Date Filed: 11/24/2023 Page: 6 of 34 22-12593 Opinion of the Court 6 [T]he one thing about the ﬁve commissioners is that we don’t ﬁght over where things go.”

Rose v. Raffensperger (N.D. Ga. 2022). “O.C.G.A. § 46-2-1. Commissioners’ terms are staggered, and general elections take place every two years.”

Rose v. Raffensperger (N.D. Ga. 2022). “) (amending O.C.G.A. § 46-2-1). This formulation of who was entitled to vote for members of the PSC was consistent with the structure employed in the 1906 and 1907 Acts: “elected by the electors of the whole State” and “elected by the qualified voters of Georgia.”

Rose v. Raffensperger (N.D. Ga. 2021). “O.C.G.A. § 46-2-1, et seq.10 Commissioners have been selected through state-wide elections since 1906.”

— 46-2-1(b) — 2 cases

Rose v. Raffensperger (N.D. Ga. 2021). “O.C.G.A. § 46-2-1, et seq.10 Commissioners have been selected through state-wide elections since 1906.”

Rose v. Raffensperger (N.D. Ga. 2022). “O.C.G.A. § 46-2-1. Commissioners’ terms are staggered, and general elections take place every two years.”

— 46-2-1(d) — 2 cases

Rose v. Raffensperger (N.D. Ga. 2022). “O.C.G.A. § 46-2-1. Commissioners’ terms are staggered, and general elections take place every two years.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.