ATLANTA — Daniel Blackman says he’s appealing a decision to disqualify him from the primary ballot for the Georgia Public Service Commission in District 3.
The Democrat was ruled ineligible to run for office because he doesn’t reside in the district, according to an order issued Tuesday by Judge Dominic Capraro of the Georgia Office of the State Administrative Hearings.
Capraro’s ruling said Blackman failed to “meet his burden to demonstrate that he resided in Fulton County as of November 4, 2024.”
Blackman will remain on the ballot while the appeal process is ongoing.
“We are grateful to the Fulton Superior Court for granting our request for an injunction while we litigate Daniel’s appeal,” said Mr. Blackman’s attorney, Matthew Wilson, of Bell Wilson Law in Atlanta. “Once we are actually given a fair hearing, I am confident Daniel will prevail because all the facts and all the law are on his side.”
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Clayton, Fulton and DeKalb counties comprise District 3.
Capraro’s ruling said Blackman “introduced insufficient evidence to establish that he actually resided” at the property in Fulton County. “Other than the Respondent’s own testimony, there is no evidence that the property was the Respondent’s residence. ... He did not register to vote there, or anywhere in Fulton County, until April 2025.”
Blackman said he’s not giving up.
“While I respectfully disagree with the ruling, I want to be clear: I am not stepping away,” he said in a statement posed to his campaign website.
The state’s ruling said that there is no evidence that Blackman has stopped living at the home he continues to own in Forsyth County.
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Blackman said he disagreed with the ruling, but didn’t address the issues raised by the state.
Instead, his statement addressed the importance of the primary.
“I entered this race because I believe Georgia deserves a regulator who puts people over profits, and transparency over politics,” Blackman said. “That belief hasn’t changed. If anything, the events of the last few days have only deepened my commitment.”
Among its duties, the Georgia Public Service Commission helps oversee what people in Georgia pay for utilities such as electric, telephones and natural gas.
The five commissioners of the PSC are elected statewide and serve staggered six-year terms.
Early voting for the PSC special primary for Districts 2 and 3 started Tuesday, the Georgia Secretary of State’s office said. The primary will be held June 17.
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A runoff for the primary will be held on July 15 if needed.
Blackman previously served as Regional Administrator for the EPA’s Southwest Region, and was the first Black man to serve in this position, according to his official website.
With Blackman disqualified, three Democrats remain in the primary for District 3, according to the Associated Press: Keisha Sean Waites, Peter Hubbard and Robert Jones.
In District 3, Republican incumbent Fitz Johnson is running unopposed in his party’s primary.
The commission seat of District 2 is also up for grabs in the special election.
That district is currently represented by Commissioner Tim Echols, who also serves at the vice commissioner and is running for re-election.
He is being challenged primary by fellow Republican Lee Muns. Democrat Alicia Johnson of Augusta is running in the primary unopposed.
District 2 is comprised of a large swath of east Georgia, including the metro counties of Henry, Rockdale, Newton and Walton.
A lawsuit alleging racial discrimination in the statewide delayed the 2022 PSC election, necessitating the odd-year election.
A federal appeals court found in 2023 that the current method of electing the Public Service Commission doesn’t discriminate against Black voters.
Check your voting status and look at your ballot on the Georgia My Voter page.
The election will be held Nov. 4. A runoff, if needed, shall be held on Dec. 2.
Editor’s note: This article has been updated to clarify that Daniel Blackman will remain on the ballot while he appeals his disqualification.
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