Black candidate asks court to stop addition of 4 new Alabama Public Service Commissioners

A Democratic candidate for the Alabama Public Service Commission has launched a legal challenge against the state, contending that sweeping structural reforms to the commission are unconstitutional and detrimental to minority voters.

Sheila McNeil, the Madison County Democratic Party chair currently running for the commission, sued Gov. Kay Ivey and Attorney General Steve Marshall in U.S. District Court this Monday. Represented by civil rights attorney Richard Rice, McNeil is seeking a temporary injunction to halt the implementation of these changes while the current election cycle is underway.

A Fundamental Shift

The lawsuit centers on the fallout of HB 475, signed into law by Gov. Ivey last month. The legislation expands the three-person commission to seven members, each representing one of Alabama’s congressional districts, and creates an appointed “secretary of energy” to set the agency’s agenda. In a press release regarding the suit, McNeil’s camp drew parallels to the legal challenges seen in Allen v. Milligan, arguing the bill fundamentally alters the office in a way that disadvantages minority constituents.

“Plaintiff and similarly-situated candidates are unconstitutionally discriminated against: they filed, organized, and invested resources in a statewide at-large race, only to have the office transformed midcampaign into something fundamentally different,” the complaint states.

Concerns Over Voter Dilution

McNeil argues the shift from at-large elections to district-based representation dilutes the influence of minority voters, who could previously coalesce across the state to impact the makeup of all three commission seats. Currently, Alabama is just over 25% Black, with only two of the state's seven congressional districts serving as “opportunity districts.”

Under the new law, the state will be able to appoint four new commissioners this July, effectively nullifying the at-large nature of the race McNeil initially entered. Neither the Governor’s office nor the Attorney General’s office provided comment by the time of publication.

Legislative and Political Context

The PSC overhaul has faced stiff headwinds. The bill’s original sponsor, Rep. Mack Butler, famously urged his colleagues to vote against the measure after extensive amendments were tacked on. Additionally, former candidate Brent Woodall, who finished third in the Republican primary for Place 2, previously told 205focus.com that the legislation tilts the balance toward utility companies rather than ratepayers.

McNeil is currently vying for Place 2, where she is set to face the winner of the June 16 runoff between incumbent Chris Beeker and former State Auditor Jim Zeigler.

The uncertainty is further complicated by the state's broader redistricting battles. A federal three-judge panel recently blocked Alabama from holding a special election in August using a previously rejected congressional map. While the state plans to appeal to the U.S. Supreme Court, the high court has already dissolved an order requiring Alabama to maintain two Black-majority congressional districts, following a ruling on a separate redistricting case.