2020 Georgia Code
Title 46 - Public Utilities and Public Transportation
Chapter 2 - Public Service Commission
Article 1 - Organization and Members
§ 46-2-1. Election of Commissioners; Terms of Office
- 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, 2012, 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.
- In order to be elected as a member of the commission from a Public Service Commission District, a person shall 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 shall 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, this 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 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 Lee County Liberty County Long County Lowndes County Macon County Marion County McIntosh County Miller County Mitchell County Montgomery County Muscogee 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 Turner County Ware County Wayne County Webster County Wheeler County Wilcox County Worth County District 002 Baldwin County Barrow County Bibb County Bleckley County Burke County Clarke County Emanuel County Glascock County Greene County Gwinnett County Hancock County Houston County Jackson County Jasper County Jefferson County Jenkins County Johnson County Jones County Laurens County Morgan County Newton County Oconee County Putnam County Screven County Treutlen County Twiggs County Walton County Washington County Wilkinson County District 003 Clayton County DeKalb County Fulton County Rockdale County District 004 Banks County Bartow County Catoosa County Chattooga County Cherokee County Columbia County Dade County Dawson County Elbert County Fannin County Floyd County Forsyth County Franklin County Gilmer County Gordon County Habersham County Hall County Hart County Lincoln County Lumpkin County Madison County McDuffie County Murray County Oglethorpe County Pickens County Rabun County Richmond County Stephens County Taliaferro County Towns County Union County Walker County Warren County White County Whitfield County Wilkes County District 005 Butts County Carroll County Cobb County Coweta County Crawford County Douglas County Fayette County Haralson County Harris County Heard County Henry County Lamar County Meriwether County Monroe County Paulding County Peach County Pike County Polk County Spalding County Talbot County Taylor County Troup County Upson County
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, 2012, 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, 2014, 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, 2016, 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.
(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; Ga. L. 2012, p. 642, § 1/SB 382.)
The 2002 amendment, effective April 11, 2002, rewrote the descriptions of Public Service Commission Districts 1 through 5 following the colon at the end of the introductory language in subsection (c) and added subsection (e).
The 2012 amendment, effective May 1, 2012, in subsection (a), substituted "January 1, 2012" for "January 1, 2000"; in subsection (b), twice substituted "shall" for "must" in the first and second sentences and added a comma following "office" in the second sentence; in the introductory paragraph of subsection (c), substituted "this state " for "the state" and rewrote the descriptions of the Public Service Commission Districts 1 through 5; in subsection (d), substituted "November, 2012" for "November, 2000" in the first sentence, substituted "November, 2014" for "November, 2002" in the second sentence, and substituted "November, 2016" for "November, 2004" in the third sentence; and deleted former subsection (e), relating to definitions and conditions.
OPINIONS OF THE ATTORNEY GENERAL
Commissioners elected in same manner as Governor.
- Under the terms of former Code 1933, § 93-201 (see O.C.G.A § 46-2-1) 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 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.
RESEARCH REFERENCES20C Am. Jur. Pleading and Practice Forms, Public Utilities, § 6.