International Trade Today is a service of Warren Communications News.

Voters to Fill 17 State Commission Seats Tuesday

Tuesday will see voters in 10 states fill 17 contested state commission seats. Nine seats lack incumbents running for re-election. Telecom has been a major campaign issue in Nebraska, where candidates have sparred over phone bill surcharges that support universal service and 911. In four other states, broadband and wireless infrastructure expansion have been concerns. Ethics and character have been major issues in five states. Energy matters have overshadowed telecom in many states.

Sign up for a free preview to unlock the rest of this article

If your job depends on informed compliance, you need International Trade Today. Delivered every business day and available any time online, only International Trade Today helps you stay current on the increasingly complex international trade regulatory environment.

In Nebraska, Democratic Commissioner Anne Boyle seeks a third term on the Public Service Commission. She’s opposed by Omaha Republican John McCollister, a director of the Omaha Metro Utilities District, and Green Party candidate Doug Patterson. Universal service and 911 surcharges are a major issue in that campaign. Calling a drag on development, McCollister wants an immediate one-third cut, the shortfall made up from unspecified sources. Boyle says the fees are appropriate and needed until a national means of supporting public-policy phone programs is found. They also have traded charges of taking campaign donations from regulated utilities.

The Arizona Corporation Commission has three seats open, as term limits barred Republican Commissioners Mike Gleason, Jeff Hatch-Miller and William Mundell from running. Democratic candidates include Paradise Valley investment consultant Sam George, Phoenix restaurateur and former state lawmaker Sandra Kennedy, and Bisbee attorney and former state lawmaker Paul Newman. Their Republican opponents are state Rep. Marian McClure of Tucson, state Rep. Bob Stump of Peoria and Phoenix attorney Barry Wong, a former Corporation Commission member and state lawmaker. Telecom has been a minor concern in campaigns dominated by energy, with attention paid rural broadband infrastructure development.

The North Dakota Public Service Commission has an open seat because Republican Commissioner Susan Wefald didn’t seek another term. Democrat Cheryl Bergian, a Fargo attorney and consultant, is opposed by Republican Brian Kalk, a retired Marine major and political science teacher at North Dakota State University. Telecom hasn’t been a major issue in a campaign dominated by energy and transportation. The main telecom concern is how it can help promote growth.

The Republican chairman of the South Dakota Public Utilities Commission, Gary Hanson, is seeking his second PUC term. He’s opposed by Sioux Falls Democrat Matt McLarty, legislative director of the state Democratic Party, and by Constitution Party candidate Eugene Hidalgo, a meat cutter from Salem. Energy issues have dominated, with the main telecom concern wireless coverage expansion and broadband access in rural areas.

Two Oklahoma Corporation seats are up. Democratic Commissioner Jim Roth, appointed last year to a seat vacated when former Commissioner Denise Bode stepped down, wants to serve the last two years of Bode’s term. He’s opposed by Republican Dana Murphy, an Edmond lawyer and former commission administrative law judge. In the other race, Republican Commissioner Jeff Cloud seeks a second term, opposed by Democratic Oklahoma City lawyer Charles Gray, a former state lawmaker. Both races have focused on ethics, character, campaign funding and commission independence from the state’s regulated telecom and energy companies.

New Mexico has an open contest for one of the two Public Regulation Commission seats up for election. District 3 Commissioner Ben Lujan, a Democrat representing the Santa Fe area, ran for Congress instead of seeking re-election. The race is between Democratic Santa Fe insurance adjuster Jerome Block and Green Party candidate Rick Lass of Santa Fe. The race has focused almost entirely on ethics and character. Two weeks ago Block was fined $21,700 by the Secretary of State for reporting campaign expenses not actually incurred and for donating some of his state public campaign funds to Hillary Clinton’s presidential campaign. Last week, the Block campaign accused Lass of accepting campaign donations from individuals that exceeded the state’s $500 per person limit.

The other PRC contest features Democratic Commissioner Jason Marks, seeking a second term in the District 1 seat representing the Albuquerque area. He’s opposed by Republican Tim Cummins, a former Albuquerque city councilman. Their main issue is how to balance encouraging telecom and energy infrastructure investment and protecting consumer interests.

Louisiana voters will fill one of two Public Service Commission seats this election. Independent John Schwegman, a former PSC commissioner, faces Republican Eric Skrmetta, a Metairie lawyer, for the open District 1 seat representing suburban New Orleans. Incumbent Republican Jay Blossman didn’t seek another term. Their main issues are ethics and commission independence from regulated utilities. The District 5 seat representing metro Shreveport was decided in the Oct. 4 primary: Democratic Commissioner Foster Campbell won a second term, defeating Democrat Jim Crowley.

In Montana, three Public Service Commission seats are up, one of them open. Republican Commissioner Brad Molnar seeks a second term in the District 2 seat representing the Billings area. He’s opposed by Democratic Billings Mayor Ron Tussing. The race has been dominated by ethics and character. Tussing has filed seven formal complaints against Molnar alleging improper campaign practices, while disputing charges that he misused city resources in his state campaign.

In the race for the District 5 seat representing Missoula and western Montana, Republican Commissioner Doug Mood seeks a second term. He’s opposed by Democrat Gail Gutsche, a Missoula energy consultant and former state lawmaker. They have focused on energy. The contest for the open District 3 seat representing Butte and southwestern Montana pits retired teacher and former Democratic Bozeman Mayor John Vincent against Republican state Rep. Alan Olson of Roundup. Democratic Commissioner Bob Raney didn’t seek another term. Their campaign has focused on consumer protection and energy.

Alabama has an open Public Service Commission seat, since PSC President Jim Sullivan didn’t run. Seeking the seat are former Democratic Lieutenant Governor Lucy Baxley and state Republican Party chief Twinkle Andress Cavanaugh. The winner will make the PSC the nation’s first all-female elected utility commission. Health has been an issue. Baxley is recovering from a 2006 stroke. In 2007, Cavanaugh underwent surgery for abdominal cancer. Other major issues include utility consumer protection and how to ensure utilities can cope with hurricanes and other natural disasters.

In Georgia, two seats are up, one of them open. Hiawassee Democrat Jim Powell seeks the open District 4 seat representing eastern Georgia. He’s opposed by former Republican PSC member Lauren “Bubba” McDonald. Republican Commissioner Angela Speir didn’t seek re-election. The men have focused on ethics, trading charges of being too close to utilities and of accepting questionable campaign donations.

Powell also faces a residency challenge, first raised by a Democratic primary opponent. It’s in the state Supreme Court after lower courts upheld his candidacy. Georgia law requires PSC members and candidates to live in districts they represent. The residency issue also has been raised against Republican District 1 Commissioner Doug Everett by Libertarian Party opponent John Monds, who has charged that Everett doesn’t have legal residency in the southern Georgia district. That challenge is pending at the Secretary of State. Everett is seeking his second PSC term. No Democrat filed for the District 1 seat.

Three state ballot questions bear on telecom regulation or the Internet. Louisiana’s Amendment 1 would limit Public Service Commission members and other elected or appointed agencies to three consecutive terms. Nevada’s Question 4 could affect Internet-based commerce. It would allow the legislature to amend sales tax laws to conform to interstate sales tax collection agreements or federal sales tax law, without securing voter approval. Changes to sales tax rates still would require a referendum. Nevada has signed onto the multistate Streamlined Sales and Use Tax Agreement for collection of state sales taxes by out-of-state retailers. Oregon’s Measure 61 would upgrade identity theft using the Internet or any other means to a felony with a mandatory minimum 36-month prison sentence and no possibility of early release.