Predicted Blue Wave Could Add Democrats to State Commissions

There are 18 races in 10 state commissions in 2018, with 12 incumbents up for re-election. Republicans hold all but two of the seats with elections, and men sit in all but three. Democrats are running in all but one race, with 11 women and 11 men who aren't incumbents vying for available seats. Races are in nine GOP-controlled and one Democratic-controlled state. Three red states -- Alabama, Nebraska and North Dakota -- could turn blue. State commissions where no party change is possible are in blue New Mexico and GOP-controlled Arizona, Georgia, Louisiana, Montana, Oklahoma and South Dakota.

A blue wave could affect commission races, and more Democrats and women appear to be running, consistent with national trends, Beaudoin said in an interview. Impact could be less because most commission elections are in very red states and since two-thirds of the seats up for election belong to incumbents whose name recognition may give them an advantage, he said. It would be a win for Democrats to turn even two of the mostly GOP seats up for election, he said.

“A rising Dem tide could lift all boats, even further down the ballot,” emailed Kyle Kondik, managing editor of Sabato’s Crystal Ball at the University of Virginia Center for Politics. The center blogged Thursday about such an impact for state legislative races.

Flipping one or both seats to Democrats at the Nebraska Public Service Commission “will be difficult but not impossible,” emailed Commissioner Crystal Rhoades, the lone Democrat on the 4-1 body that has two GOP spots in contest. Republicans have registration advantages in both Nebraska districts up for election, but running down ballot from bigger races could produce more votes for Democrats, she said.

Most states appoint commissioners, and more Republican than Democratic states have gubernatorial races where a change in parties is possible, said Cook Political Report race ratings dated Oct. 5. In 26 Republican-held seats, three races are rated likely (Illinois) or lean Democrat (Michigan, New Mexico) and nine others are toss-ups. In nine states with Democratic governors, Alaska leans red and Connecticut is rated a toss-up. “Democrats are going to make gains” in governor races, with the Midwest likely the most fertile area, said Kondik, citing his group’s ratings map.

Ethics

Arizona Corporation Commission candidates are vowing to increase transparency and restore faith in the agency that has scandals and this year created an ethics code (see 1807170018). Commissioner Robert Burns, not up for election, stressed integrity as he endorsed Commissioner Justin Olson and candidate Rodney Glassman (see 1809100036). All three belong to the GOP, the party that controls the ACC 5-0. Chairman Tom Forese (R), who faced some negative allegations on campaign finance, lost his seat in the primary.

“We likely all agree the Commission is broken,” Glassman says. He was previously a Democrat who ran in 2010 against Sen. John McCain, R-Ariz. Glassman proposed the ACC adopt Arizona’s judicial code of conduct. He’s not accepting campaign contributions from regulated utilities: “No more rubber-stamping rate increases, no more lobbyist control, and no more career politicians.”

Two Democratic women seeking ACC seats want to restore integrity. Former commission staffer Kiana Sears says her “vision for the Corporation Commission starts with snuffing out corruption and ending secret deals.” Sandra Kennedy, an ACC commissioner 2009-2013, notes she was early to raise red flags about indicted former Chairman Gary Pierce.

Two other Democratic women seek transparency at the Alabama Public Service Commission, which is 3-0 Republican. “We know that Alabama has a history of corruption, and the Public Service Commission has been no exception,” says Cara McClure, a social justice advocate challenging incumbent Commissioner Jeremy Oden. Attending a PSC meeting, McClure “realized that every decision was already made behind closed doors,” she said, saying the agency should meet at least monthly. Kari Powell, a community advocate who's challenging incumbent Commissioner Chip Beeker, seeks more transparency and public participation.

Andy Shirtliff (D) wants to increase transparency and accountability at the Montana PSC, “not playing favorites to one company or industry,” says the public relations specialist for the state’s Commerce Department. He’s challenging incumbent Commissioner Brad Johnson on the currently all-Republican PSC.

Seeking New Mexico Public Regulation Commission change is former state Sen. Stephen Fischmann (D), his website says. A 2017 NRRI report showed need for improvement, he says. “From the absence of consumer advocates on staff to its failure to keep up with new developments in the utility industry, the PRC is not succeeding at its most vital function -- protecting you." Fischmann beat incumbent Commissioner Sandy Jones (D) in the primary and faces ex-PRC Commissioner Ben Hall (R) in November.

“Transparency has become a big issue in all the elections this year” in many types of races, said National Research and Regulatory Institute Telecom Principal Sherry Lichtenberg. It's a good issue for connecting with voters who don’t know much about commissions, noted Beaudoin. “It is really hard to get people energized about running for public service commission.”

Other Issues

Democratic candidates for state commissions support state efforts to counter the FCC’s December order rescinding net neutrality rules.

“Net neutrality is arguably the most important issue of our time, but recently the responsibility to protect it seems to rest on the shoulders of the states,” says attorney Kevin Sanders (D), running for a third open New Mexico PRC seat, left vacant by Commissioner Patrick Lyons (R), who's running for public lands commissioner. “While state governments are not in the best position to handle this burden, we cannot afford to abdicate the responsibility.” Sanders is running against Jeff Byrd (R), who previously lost a U.S. House race.

Activist Ashley McCray (D) is backing net neutrality in her challenge to incumbent Oklahoma Corporation Commissioner Bob Anthony (R) and lawyer Jackie Short (I) for one open seat at the 3-0 Republican commission, according to her website. Shirtliff, the Democrat from the Montana PSC race, said he supports net neutrality and “public access to a free and open internet.”

Improving 911 is an issue in the Nebraska PSC race. The agency is currently 4-1 Republican, but two GOP seats are open in November, including that of Chairman Tim Schram. His Democratic challenger and both parties’ candidates for the vacant seat of Commissioner Frank Landis (R) highlighted 911 system improvements as an issue on their campaign websites. In August, candidate Christa Yoakum (D) urged investigations of 911 outages. Rhoades gave information to both Democratic candidates about 911 and other telecom issues, she said: “Our system has a lot of outages and we had four deaths in Omaha in the last [three] years related to 911 not functioning properly.”

Two NARUC Telecom Committee members won’t return as commissioners next year. Ex-NARUC President Travis Kavulla isn’t running due to term limits (see 1810100033), and New Mexico Commissioner Lynda Lovejoy (D) lost her primary. The committee’s co-vice chair Schram is up for election in Nebraska.