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

A Democratic candidate for the Alabama Public Service Commission has taken legal action against the state, challenging the constitutionality of structural changes that she claims disadvantage minority voters. Sheila McNeil, currently serving as the Madison County Democratic Party chair, filed a lawsuit on Monday in U.S. District Court against Gov. Kay Ivey and Attorney General Steve Marshall, seeking an immediate injunction to halt these changes while the current election cycle is underway.

A Fundamental Shift in Governance

The lawsuit centers on HB 475, legislation recently signed by Ivey that expands the three-person commission by adding four new seats and establishing an appointed “secretary of energy” to dictate the commission's agenda. McNeil, represented by civil rights attorney Richard Rice, argues that these modifications violate the 14th Amendment’s equal protection clause by fundamentally altering the nature of the office mid-campaign.

In her complaint, McNeil asserts that the transition from a statewide at-large contest to a structure where commissioners represent one of Alabama’s seven congressional districts serves to dilute the influence of minority voters. As she notes, “The bill alters the fundamental responsibilities of offices being contested in the current election cycle in a manner similar to concerns raised in Allen v. Milligan.”

Campaign Hurdles and Legal Chaos

McNeil, who is running for Place 2 on the commission, argues that the legal damage to her campaign is irreversible. With Ivey authorized to appoint four new commissioners this July—before the electorate can choose its representatives—McNeil contends that the at-large office she initially campaigned for has effectively ceased to exist. Her opponent will be decided in the June 16 runoff between incumbent Chris Beeker and former State Auditor Jim Zeigler.

Controversy has surrounded HB 475 since its inception. The bill's original sponsor, Rep. Mack Butler, famously urged his colleagues to reject the bill after it underwent extensive revisions. Critics, including former Republican candidate Brent Woodall, have argued that the law prioritizes utility interests over the public. “What it does to the PSC is terrible for the people of Alabama,” Woodall told 205focus.com during his campaign. “It is all now weighted toward the utility companies, not the ratepayers.”

Districts in Flux

The timing of the lawsuit coincides with wider instability regarding Alabama's district maps. A three-judge panel recently blocked the state from using a revived 2023 map for special elections, citing concerns about discrimination against Black voters. While the state is appealing that decision to the U.S. Supreme Court, the high court has already lifted an order requiring the state to maintain two minority-opportunity districts, following a separate redistricting case. At the time of this publication, neither Gov. Ivey nor Attorney General Marshall’s offices had provided comment on the lawsuit.