Judge to Rule on PSC Candidate’s Residency Challenge in Atlanta
Former PSC Commissioner Fitz Johnson faces residency challenge after recording campaign ad from his $1.3 million Cobb County home.
ATLANTA, GEORGIA — Administrative Law Judge Kimberly Schroer will decide if former Public Service Commissioner Fitz Johnson meets residency requirements for the District 3 seat, following a 3.5-hour hearing that examined Johnson’s living arrangements.
The challenge focuses on Johnson’s residence in a $1.3 million Cobb County home, where he recorded a campaign advertisement last year. State law requires District 3 commissioners to live in Fulton, Clayton, or DeKalb counties, but Cobb County is in District 5.
DeKalb resident Daniel O’Toole filed the complaint challenging Johnson’s candidacy for the May 19 Republican primary, where Johnson seeks to reclaim the seat he lost to Democrat Peter Hubbard in November.
PSC Background and District Requirements
The five-member Public Service Commission regulates investor-owned utilities, focusing primarily on Georgia Power. Commissioners serve statewide constituencies but must reside within their designated districts. The commission’s decisions affect electricity prices for millions of Georgians and influence utility companies’ reliance on climate-warming fuels.
Governor Brian Kemp appointed Johnson to the PSC in July 2021 to fill a vacancy. Johnson, an Army veteran and businessman with a law degree from the University of Kentucky College of Law, previously lived in Cobb County and ran unsuccessfully for the Cobb County Commission in 2020.
Disrupted Election Schedule
The typical six-year commissioner terms faced disruption due to an ultimately unsuccessful voting rights lawsuit that forced cancellation of two scheduled PSC races in 2022. To restore staggered voting, the 2025 race for Johnson’s District 3 seat covered only a one-year term.
Johnson lost that November election to Hubbard and now seeks the Republican nomination to challenge for the seat again. The residency hearing represents a potential obstacle to his campaign.
The administrative law judge’s ruling will determine whether Johnson can proceed with his primary campaign or face removal from the May ballot due to residency violations.
