Voters Return 7 State Commission Incumbents to New Terms, Fill 8 Open Seats

Ala. voters elected Democrats to both available seats. PSC Comr. Jan Cook (D) won her 5th term by defeating Opelika real estate developer John Rice (R), 55%-45%. A seat vacated by Comr. George Wallace was won by former state auditor Susan Parker (D), who defeated Montgomery businessman and former state lawmaker Perry Hooper (R), 54%-46%. Wallace didn’t seek another term, instead running unsuccessfully for lt. gov. Major general issues were PSC ethics and responsiveness to consumers.

In Ariz., Comr. Kristin Mayes (R) won her 2nd Corporation Commission term with 48% of the vote, defeating Sierra Vista attorney Richard Boyer (D), 44%, and Mesa structural engineer Rick Fowlkes (Libertarian), 8%. Mesa marketing specialist Gary Pierce (R) won the open seat being vacated by Comr. Marc Spitzer with 54% of the vote, defeating Phoenix attorney Mark Manoil (D), 46%. The major issue was whether the Corporation Commission is fulfilling its role as a utility watchdog.

Ga. voters returned 2 incumbent PSC members. Comr. Stan Wise (R) won his 3rd term in the Dist. 5 Marietta-area seat with 55% of the vote. He was opposed by Stockbridge fiscal policy analyst Dawn Randolph (D), 40%, and Douglasville animal control officer Kevin Cherry (Libertarian), 5%. Comr. David Burgess (D) won his 2nd term in the Dist. 3 Atlanta- area seat with 49%. He defeated Atlanta Realtor Chuck Eaton (R), 46%, and Alpharetta electrical engineer Paul McGregor (Libertarian), 5%. Major issues included low-income aid with utility bills, role of the PSC adversary staff, and influence of ex parte contacts on utility cases.

In Mont., unofficial final results showed Dayton rancher Mike Taylor (R) with a tiny lead over Helena state Sen. Ken Toole (D) for the open Dist. 5 Helena-area PSC seat vacated by Comr Thomas Schneider. As of Wed. afternoon, Taylor (50.3%) led Toole (49.7%) by only 500 votes. The main telecom issue was whether the PSC adequately polices Qwest earnings. PSC Chmn. Greg Jergeson (D) was unopposed for his 2nd term in the Dist. 1 seat for the Glasgow/Great Falls area .

Neb. PSC Comr. Frank Landis (R) won his 4th PSC term in the Dist. 1 Lincoln-area seat. At 61%, Landis easily defeated Charlie Matulka (D) of Beatrice, who polled just 39%. Gretna farmer Tim Schram (R) got 58% of the vote to defeat state Sen. Matt Connealy (D) of Decatur (42%) for the open Dist. 3 Fremont-area PSC seat vacated by Chmn Lowell Johnson. Major telecom issues were how to promote deployment of E-911 and improving wireless phone coverage.

N.M. Public Regulation Comr. David King (R) won his 2nd term in the Dist. 2 Roswell-area PRC seat with 60% of votes, defeating Tularosa dog trainer Stephanie DuBois (D), 40%. Native American activist and former McKinley County clerk Carol Sloan (D) of Gallup overwhelmingly defeated community activist David Bacon of Santa Fe (Green Party), 73%-27%, for the open Dist. 4 Gallup/Santa Fe-area seat vacated by Comr. Lynda Lovejoy.

Williamsburg building contractor and N.M. State Fair Commission chief Sandy Jones (D) got 56% of the vote to defeat real estate broker Earl Greer (R) of Truth or Consequences (44%) and take the open Dist 5 Socorro-area seat vacated by Comr. Shirley Baca, beaten by Jones in the Democratic primary. Major telecom issues were broadband infrastructure development in rural areas and holding Qwest to investment commitments.

N.D. PSC Pres. Tony Clark (R) won his 2nd term, defeating Fargo human rights activist Cheryl Bergian (D), 52%-48%. Main issues were wireless phone coverage, PSC responsiveness to telecom customer concerns and PSC scrutiny of inter-utility business transactions. Clark won his 2nd term by a much wider margin than his first term in the 2000 election, when he prevailed by only 2,000 votes.

Okla. Corporation Comr. Bob Anthony (R) won his 4th term, defeating Oklahoma City human rights activist and former commission member Cody Graves (D), 59%-41%. The main issues were commission ethics, responsiveness to utility customers and regulatory impact on economic development.

In S.D., Brandon City Councilman and telecom technician Steve Kolbeck (D) polled 49% of the vote to defeat state Sen. John Koskan (R) of Wood (47%) and Ben Sutter (Lib.) of Rapid City (4%) for the open seat vacated by Comr. Bob Sahr. Main phone issue was how to upgrade telecom infrastructure.

On telecom-related ballot questions, S.D. voters killed Initiative Measure 8, a ballot proposal to repeal the state’s 4% wireless gross receipts tax, with 61% voting to retain the levy. The gross receipts tax, which brings the state about $9 million yearly, was imposed on wireless carriers in lieu of property taxes. The legislature weighed but didn’t pass a wireless tax repeal in the spring. Wireless carriers backed a petition drive for a ballot referendum on the issue, saying S.D. taxes on wireless service are the nation’s 11th-highest. Opponents said repealing the wireless tax would mean hikes in other taxes or govt. service cuts. Opponents challenged the initiative petition but the state Supreme Court in Aug. upheld the petition, clearing the question for the Nov. ballot. The wireless industry hoped an S.D. tax repeal victory would serve as a springboard for future efforts to repeal wireless taxes through ballot initiatives in other states.

In Tenn., 72% of voters in Clarksville approved a ballot proposal authorizing the Clarksville Dept. of Electricity to proceed with plans to provide public telecom services over a citywide fiber optic network. Clarksville, pop. 125,000, is in the state’s northwestern corner and is the 5th-largest Tenn. city. The utility said its main purpose in building the network is to make its electric distribution system more efficient, but plans also include providing residents and the 26,000-student school district with video and high-speed Internet access over the municipal utility network after the network goes operational next summer.

Colo. voters passed Amendment 41, expanding a state ban on elected officials accepting gifts or other things of value worth more than $50 to cover PUC members and other appointed state officials, plus PUC and state agency staff; 62% voted in favor. It bans professional lobbyists from providing meals, entertainment or anything else of value to officials or their families. The measure creates a state ethics commission with authority over state and local officials and workers. The measure passed despite protests that enforcement would be impossible and needless micromanagement would result.