Alabama Public Service Commission Overhaul Challenge

A pro-voting lawsuit challenging GOP state officials’ attempt to overhaul the state’s Public Service Commission before the midterms.

Background

Sheila McNeil, a Democratic candidate for the Alabama Public Service Commission (APSC), filed a lawsuit in federal court challenging a new GOP-backed law expanding the Commission from three at-large commissioners to seven, with the governor now appointing four interim  members as of June 2026. In future elections, members will be elected from each congressional district. The Commission is responsible for regulating the state’s utilities. McNeil argues the law dilutes the voting strength of at-large elected commissioners and violates the Fourteenth Amendment’s Due Process Clause. The lawsuit seeks to block the law’s implementation for the 2026 midterm elections.

Why It Matters

Alabamians pay some of the highest utility bills in the country. After seeking to eliminate APSC elections entirely, Alabama enacted a new law that will drastically change the commission in the middle of an election. The lawsuit reflects a troubling trend of GOP efforts to usurp the will of the voters. Here, Republicans seek to dilute the voting strength of democratically-selected candidates by allowing the governor to appoint four interim commissioners while voters are only able to elect three this cycle.

Latest Updates

• May 25, 2026: Plaintiff filed her complaint.