Georgia law did not render qualifications for Public Service Commission candidates identical to those of gubernatorial candidates.

Topic: Elections, Decided by: Judge Gatto 
Docket Number: 00-21599 , Decision Date: January 5, 2000 
Attachment: Click here to download the decision. 

The requirement under Georgia law that the election of PSC Commissioners be held under “the same rules and regulations as apply to the election of [the] Governor” does not impose on PSC candidates qualification criteria identical to those of candidates for Governor, such as a six-year residency prerequisite.  Accordingly, the fact that Michael DiPietro, a PSC candidate, had only resided in Georgia for three years did not preclude his candidacy.

Note:  This Decision was issued prior to the Georgia Supreme Court’s decision in Haynes v. Wells, 273 Ga. 106 (2000).  Therefore, the statement as to the burden of proof is no longer current law.

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