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A recent decision by the U.S. Court of Appeals for the Eleventh Circuit has introduced significant changes to the Voting Rights Act, specifically impacting the election process for the Georgia Public Service Commission (PSC). The unanimous ruling by the three-judge panel reversed a lower court decision, challenging Georgia’s method of electing the PSC members through statewide elections.

The district court initially found that Georgia’s at-large method of electing PSC members violated Section 2 of the Voting Rights Act, constituting illegal vote dilution. However, the Eleventh Circuit’s decision argued that the federal law did not grant the court the authority to order a change in the election method, emphasizing the protection afforded to Georgia’s chosen form of government for the PSC.

Judge Elizabeth Branch, a Trump appointee, highlighted the novelty of the case, emphasizing that this would be the first time a court issued such a ruling concerning a statewide election. The ruling, though directly affecting PSC elections, could have broader implications within the Eleventh Circuit, limiting the ability to bring statewide challenges under Section 2.

The decision raised concerns about the Gingles test, the Supreme Court’s standard for judging vote dilution claims under Section 2. The court’s interpretation, modified by Judge Branch, front-loaded the test, making it more challenging for challengers and providing defenses for governments facing voting system challenges.

The proposed remedy, splitting the commission’s elections into five single-member districts, was at the center of the court’s analysis. The court rejected the remedy, emphasizing the unprecedented nature of the statewide claim and the need to respect Georgia’s chosen form of government.

Notably, the ruling did not address the issue of whether Black voters’ rights were diluted under the current election system, focusing instead on the proposed remedy. This deviation from past cases and the broader interpretation of the first precondition under the Gingles test raised concerns about the applicability of the test within the Eleventh Circuit.

The decision also expanded on previous cases that deemed subdividing judicial elections into single-member districts inappropriate under Section 2. This expansion, despite the cases’ focus on judicial elections, included the PSC, introducing further complexity to the court’s reasoning.

Additionally, the court broadened the understanding of assessing a state’s chosen form of government, considering not only the state’s constitution but also statutes. This departure from precedent and the court’s ability to review district court decisions in vote dilution cases added layers of complexity to the ruling.

Despite these complexities, the court heavily relied on the testimony of Tricia Pridemore, the commission’s chair, to justify the statewide electoral structure. The district court had found Pridemore’s testimony unpersuasive, lacking objective data and foundation. However, the Eleventh Circuit, led by Judge Branch, prominently featured Pridemore’s testimony in justifying the decision.

The ruling, issued at the end of the Thanksgiving weekend, has far-reaching implications, potentially reshaping how voting rights cases are approached within the Eleventh Circuit. The decision’s focus on the proposed remedy, the unprecedented nature of the case, and the reliance on Pridemore’s testimony create a complex precedent with implications beyond the specific PSC elections.

Source: Federal appeals court chips away at the Voting Rights Act (lawdork.com)

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