Two State Commissioners Unseated; 3 Races May See Recounts

Democrats gained a majority on the five-member Arizona Corporation Commission, taking the three open seats. The agency had been all-Republican. Democratic winners in the six-way contest were Phoenix restaurateur and former state lawmaker Sandra Kennedy (18.1 percent), Bisbee attorney and former state lawmaker Paul Newman (18.05 percent) and Paradise Valley consultant Sam George (16.15 percent). George narrowly defeated Republican state Rep. Bob Stump (16.1 percent). Former Republican Corporation Commission member Barry Wong polled 15.7 percent. Republican state Rep. Marian McClure got 15.5 percent. George beat Stump by less than a half-percentage point, so a recount may ensue. Republican Commissioners Mike Gleason, Jeff Hatch-Miller and William Mundell were barred from running by term limits.

In Nebraska, Democratic Commissioner Anne Boyle easily won a third term on the Public Service Commission. She beat Omaha Republican John McCollister, a director of the Omaha Metro Utilities District, 61 percent to 34 percent. Green Party candidate Doug Patterson polled 5 percent. Boyle still is the PSC’s only Democrat, serving with four Republicans. It was the most expensive PSC campaign in state history, with Boyle spending $120,000 and McCollister spending $80,000. The post pays $75,000 a year.

Democratic Oklahoma Corporation Commissioner Jim Roth was unseated by Republican Dana Murphy, an Edmond lawyer and former commission administrative law judge. Murphy polled 52 percent to Roth’s 48 percent. Roth was named in mid-2007 to a seat vacated when former Commissioner Denise Bode stepped down. Oklahoma law requires interim appointees to run in the next statewide election, as Roth did, seeking to serve out the last two years of Bode’s term. This was Murphy’s second try for a commission seat. She ran unsuccessfully in 2002. In the other commission contest, Republican Commissioner Jeff Cloud easily won a second term, defeating Democrat Charles Gray, a lawyer and former state lawmaker, 60 percent to 40 percent. Roth’s defeat made the commission all-Republican.

In New Mexico, Democratic Santa Fe insurance adjuster Jerome Block won the open District 3 Public Regulation Commission seat representing the Santa Fe area, one of 2 PRC seats up for votes. Block got 56 percent of the vote against his only opponent, Green Party candidate Rick Lass of Santa Fe, who polled a strong 44 percent. In the other PRC contest, Democratic Commissioner Jason Marks easily won a second term in the District 1 seat representing the Albuquerque area, defeating Republican Albuquerque ex-city councilman Tim Cummins, 58 percent to 42 percent. The vote leaves the PRC with 4 Democrats and one Republican. Block still faces a Nov. 14 deadline to pay or challenge a $21,700 penalty levied by the Secretary of State for making false statements about how $3,000 in primary election campaign funds was spent. District 3 Commissioner Ben Lujan, a Democrat, won a seat in Congress instead of seeking PRC re- election.

In Georgia, Hiawassee Democrat Jim Powell barely edged out former Republican PSC member Lauren McDonald, 47.7 percent to 47.3 percent, to win the open District 4 seat representing eastern Georgia. Libertarian candidate Brandon Givens got 5 percent. Republican Commissioner Angela Speir didn’t seek re-election. Powell’s victory margin of less than half a percent could trigger a recount. Republican District 1 Commissioner Doug Everett easily defeated his only opponent, Libertarian John Monds to win his second PSC term. Powell will break the Republicans’ lock on the PSC, becoming the agency’s lone Democrat. Powell fought a ruling by the Secretary of State disqualifying him on residency grounds, and on election eve won a state Supreme Court decision upholding his candidacy.

The North Dakota Public Service Commission will remain all-Republican. Republican Brian Kalk won the seat vacated by the retirement of Republican Commissioner Susan Wefald. Kalk, a retired Marine major and political science teacher at North Dakota State University, outpolled Democratic Fargo attorney and consultant Cheryl Bergian, 53 percent to 47 percent.

The South Dakota Public Utilities Commission’s Republican chairman, Gary Hanson, easily won his second PUC term. He beat Sioux Falls Democrat Matt McLarty, legislative director of the state Democratic Party, 65 percent to 32 percent. Constitution Party candidate Eugene Hidalgo polled 3 percent. Henson’s win keeps the PUC at two Republicans and one Democrat.

Louisiana voters elected Republican Metairie lawyer Eric Skrmetta to the open District 1 seat representing suburban New Orleans, defeating independent John Schwegman, a former PSC commissioner, 60 percent to 40 percent. Incumbent Republican Jay Blossman didn’t seek another term. 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. The results leave the PSC at three Democrats, two Republicans.

Montana voters denied Republican Public Service Commissioner Doug Mood a second term in the District 5 seat representing the Missoula area. Democrat Gail Gutsche, a Missoula energy consultant and former state lawmaker, beat Mood 52 percent to 48 percent. Meanwhile, the contest for the open District 3 seat representing Butte and southwestern Montana ended with less than a quarter-percent separating the candidates. Unofficial results showed former Bozeman Mayor John Vincent, a Democrat, barely edging Republican state Rep. Alan Olson, 50.01 percent to 49.99 percent. A recount is likely. Democratic Commissioner Bob Raney didn’t seek another term. In the race for the District 2 seat representing the Billings area, Republican Commissioner Brad Molnar won a second term, defeating Democratic Billings Mayor Ron Tussing, 57 percent to 43 percent. The results leave the PSC with four Democrats and one Republican.

In Alabama, former Democratic Lieutenant Governor Lucy Baxley narrowly defeated state Republican Party chief Twinkle Andress Cavanaugh, 50.3 percent to 49.7 percent, to win the Public Service Commission seat left open by PSC President Jim Sullivan’s retirement. Baxley’s win will make the PSC all Democrats and also the nation’s first all-female elected state commission. Baxley’s victory margin of three-quarters of a percent makes a recount unlikely.

Two of three state ballot questions bearing on telecom regulation or the Internet failed. The only one to pass was a Louisiana measure, Amendment 1, approved 69 percent to 31 percent, limiting Public Service Commission and other elected or appointed agency officials to three consecutive terms. Nevada voters overwhelmingly defeated Question 4 72 percent to 27 percent. It would have allowed the legislature to amend sales tax laws to conform to interstate sales tax collection agreements or federal sales tax law, without securing voter approval. Nevada signed onto the multistate Streamlined Sales and Use Tax Agreement for collection of state sales taxes by out-of-state retailers.

Oregon voters rejected Measure 61, a bid to upgrade to a felony identity thefts using the Internet or any other means, with a minimum 36-month prison sentence and no possibility of early release. The item won a slim majority but was preempted by a competing less-stringent criminal sentencing measure, No. 57, that passed by much larger margins. The winning measure didn’t address identity theft or the Internet.