(Georgia Recorder) – The Georgia Secretary of State’s office will decide on Wednesday whether Public Service Commission candidate Daniel Blackman can remain on the ballot for the Democratic primary on June 17.
On Tuesday, the first day of early voting in two statewide PSC races, Administrative Court Judge Dominic Capraro ruled in an initial decision that Blackman does not meet the residency requirements to be a candidate for a metro Atlanta Public Service Commission seat.
The District 3 Democratic primary also includes Keisha Waites, a former member of the Atlanta City Council and the Georgia House of Representatives, as well as Peter Hubbard, founder of Center for Energy Solutions and an expert witness at PSC hearings, and Robert Jones, who has had a career involved in energy regulation in California.
The primary winner will face sitting GOP Commissioner Fitz Johnson in the Nov. 4 general election. The five-member state regulatory board has faced criticism for a series of Georgia Power rate hikes over the last several years. Early voting for two PSC commission primaries will run until June 13.
The residency dispute involves a one-bedroom dwelling in Atlanta that Blackman leased on Oct. 4, 2024. Blackman testified that he purchased the property to live closer to work while his wife and children continued to reside in their Forsyth County home, according to the 12-page ruling.
Capraro wrote that Blackman failed to provide evidence that he actually lived in the home, such as property tax records, utility bills or mail being delivered to the Atlanta address.
“The testimony presented by (Blackman) did not establish that he actually resided in Fulton County during the relevant period,” Capraro wrote. “Other than (Blackman) himself, no witness had personal knowledge of (Blackman’s) supposed residence at (the property) or anywhere in Fulton County, in the 12 months preceding the upcoming election.”
Under Georgia law, the Secretary of State and any Georgian who is eligible to vote for a candidate can challenge the qualifications of the candidate by filing a written complaint with the Secretary of State within two weeks after the deadline for qualifying. Public Service commissioners must reside within their PSC district boundaries for at least 12 months prior to the general election.
PSC District 3 comprises Clayton, DeKalb, and Fulton counties. Although the commissioners must reside in the geographical district that they represent, every Georgia voter can determine the winner since the state regulators are elected statewide.
This year was the second time that Blackman made a bid for a commission seat after he lost a 2021 runoff against Republican incumbent Lauren “Bubba” McDonald. Blackman, who would later after become a regional administrator for the Environmental Protection Agency under President Joe Biden, said Tuesday that he would appeal the Secretary of State ruling if it upholds the disqualification.
Blackman said he did not want to put the “cart before the horse” ahead of Wednesday’s ruling and that he doesn’t plan to scale back on campaigning.
The state administrative court held a hearing on the case following a complaint filed by Atlanta resident Rodney Stephens, which challenged the legality of Blackman’s qualification.
Waites, Jones and Hubbard declined Tuesday to comment on Blackman’s residency challenge.
This year’s primary and general elections will mark the first time since 2020 that PSC contests have appeared on Georgia ballots following lawsuits challenging redistricting and the fairness of the PSC election process for Black voters.
Republican incumbents Tim Echols and Johnson are facing challengers seeking to upset their bids to remain on the board. Johnson was appointed to the seat in 2021.
Echols, who is seeking his third term on the PSC, will face challenger Lee Muns in the Republican primary for the commission’s District 2 seat. Whoever wins will go on to face Alicia Johnson of Savannah, the sole candidate for the Democratic Party.
Georgia Recorder reporter Ross Williams contributed to this report.
