Morrow resident Greg Thornton voted for Daniel Blackman in the Georgia Public Service Commission race Wednesday afternoon before he became aware that Blackman had been disqualified from the Democratic Party primary for an Atlanta-based district.
“It’s disappointing to hear my vote won’t matter,” Thornton said. “I didn’t know exactly what was going on, but I’ll make sure I pay more attention (if) there is a runoff. I do care about who’s in control of what I pay on my electric bills.”
By Thursday morning, Georgia polling stations were required to have signs telling voters that, while Blackman’s name will appear on the ballot, any votes cast for him will not be counted.
Blackman was disqualified last month by an administrative law judge and Secretary of State Brad Raffensperger for failing to meet residency requirements – a decision Blackman challenged.
Fulton County Superior Court Judge Ural Glanville denied Blackman’s appeal Wednesday, ruling Blackman ineligible for Tuesday’s Democratic primary for District 3, which includes Fulton, Clayton and DeKalb counties.
Glanville ruled from the bench Tuesday, saying he believed the earlier decision to disqualify Blackman “properly considered the petitioner’s failure to update his voter registration until April of 2025.”
Under state law, a commission candidate must live in one of five districts for at least 12 months before an election.
Glanville issued his formal written order in the case late Wednesday.
Early voting ended Friday for a pair of primary races for the commission. As of Wednesday evening, nearly 52,000 Georgians had cast a ballot.
Glanville wrote that the secretary of state erred in limiting testimony from Blackman about furniture and other personal belongings at the Atlanta residence but said he considered whether that was enough evidence to prove Blackman intended to permanently live there.
“(Blackman) challenges the secretary’s determination that testimony was uncorroborated,” Glanville wrote. “The final decision examined the evidence advanced by (Blackman) and determined that it failed to corroborate his testimony. (Blackman) did not offer any witnesses with actual knowledge of his residence and limited documentary evidence.”
The last legal recourse for Blackman would be an expedited request to have the Georgia Supreme Court consider his appeal. He has not said whether he will go that route.
With Blackman out, that leaves three other Democrats in the race, including Keisha Sean Waites, a former Atlanta City Council member and Georgia House representative; Peter Hubbard, founder of the Center for Energy Solutions; and Robert Jones, who worked in energy regulation in California.
A runoff election will be held July 15 if one candidate fails to receive at least 50% of the vote in the primary.
Blackman had been considered a frontrunner in the race. He served as the Environmental Protection Agency’s Southeast regional administrator under the Biden administration, and he’s a former PSC candidate who came close to winning a seat on the commission back in 2020.
Blackman has remained on the ballot while appealing the May 27 ruling from Administrative Court Judge Dominic Capraro, who concluded that Blackman voting in Forsyth County in the Nov. 5 general election was proof that Blackman was not a legal resident of Fulton County.
Blackman has said his wife and children remained in Forsyth County to finish the school year while he relocated to an Atlanta residence.
Blackman’s attorney Matthew Wilson argued Tuesday that Blackman met state requirements as a commission candidate, including registering address changes 30 days in advance of an election.
“He told others his intent was to move to Fulton County and remain there for an indefinite period of time, starting October 2024,” Wilson said at Tuesday’s virtual court hearing.
Alexandra Noonan, an attorney for the state, said that Blackman failed to prove the Atlanta home was where he intended to live long term.
“None of that amounts to a presumption that he shares a domicile with his family,” she said Tuesday about previous witness testimony and evidence from Blackman.
The Democratic primary winner will face appointed Republican Commissioner Fitz Johnson in November to serve a one-year term. There will be another election in 2026 when Georgians will elect a commissioner for the district to a full six-year term.
The Georgia Public Service Commission is made up of five elected officials who regulate utilities for electricity, natural gas and telecommunications. Although commission seats are confined to geographical areas, all Georgians can vote on each race. All of the current commissioners are Republican.
The other commission primary on Tuesday’s ballot features Republican Commissioner Tim Echols, who is fighting off a challenge from Lee Muns for the District 2 position that spans from Hart County to Savannah. The GOP primary winner will face Democratic challenger Alicia M. Johnson in November.
The commission has faced criticism for approving a series of requests from Georgia Power to charge its ratepayers more to cover base electric rate increases, recover excess fuel costs and expand Plant Vogtle. The average residential customer is paying $43 more per month since 2023.
State regulators are set to vote later this month on Georgia Power’s proposal to freeze its rates for the next three years, and the commissioners are set for a controversial vote this summer on the utility’s plans to lean on fossil fuels to meet growing energy demands primarily driven by data centers.
Read more at GeorgiaRecorder.com.