Judge to Rule on PSC Candidate Fitz Johnson's Residency Status

Complaint challenges Johnson's eligibility to run for District 3 seat due to Cobb County residence

Apr. 13, 2026 at 10:18pm

Got story updates? Submit your updates here. ›

A dimly lit, cinematic interior scene of an empty government office or hearing room, with sunlight streaming in through a window and casting long shadows across the floor and walls.The legal battle over a candidate's residency status could shape the future of Georgia's powerful utility regulator.Atlanta Today

Former Public Service Commissioner Fitz Johnson, who is running to reclaim the District 3 seat he lost in November, is facing a challenge to his eligibility based on his residency. A DeKalb resident has filed a complaint alleging that Johnson does not meet the requirement of living in Fulton, Clayton or DeKalb counties, as he was recorded filming a campaign ad from his $1.3 million home in Cobb County. An administrative law judge is set to rule on the residency issue this month.

Why it matters

The five-member Public Service Commission regulates investor-owned utilities in Georgia, including decisions that impact electricity prices and the state's reliance on climate-warming fuels. The residency requirement is meant to ensure commissioners represent the interests of their specific district, so a ruling against Johnson could have significant implications for the makeup and priorities of the commission.

The details

Johnson, an Army veteran and businessman, was appointed to the PSC in 2021 to fill a vacancy. He lived in Cobb County prior to his appointment and ran unsuccessfully for the Cobb County Commission in 2020. The 2025 race for Johnson's District 3 seat was for a one-year term, which he lost to Democrat Peter Hubbard in November. Johnson is now running in the May 19 Republican primary to try to reclaim the seat. A DeKalb resident named Daniel O'Toole, who has worked for Hubbard's campaign, filed a complaint in March challenging Johnson's qualification based on his residency. O'Toole presented evidence that Johnson has a $1 million mortgage and other documentation listing his Cobb County address as his primary residence, while Johnson has argued that he maintains a residence in Fulton County as well.

  • In July 2021, Gov. Brian Kemp appointed Johnson to the PSC to fill a vacancy.
  • In November 2025, Johnson lost the one-year term election for the District 3 seat to Democrat Peter Hubbard.
  • In March 2026, DeKalb resident Daniel O'Toole filed a complaint challenging Johnson's residency status.
  • On April 13, 2026, a 3.5-hour hearing was held before Administrative Law Judge Kimberly Schroer to determine Johnson's eligibility.
  • A decision from Judge Schroer is expected within the next week or two.

The players

Fitz Johnson

Former Public Service Commissioner who is running to reclaim the District 3 seat he lost in November 2025. An Army veteran and businessman with a law degree from the University of Kentucky.

Daniel O'Toole

DeKalb resident who filed a complaint challenging Johnson's residency status and eligibility to run for the District 3 seat. Has worked for the campaign of Johnson's opponent, Peter Hubbard.

Kimberly Schroer

Administrative Law Judge who presided over the 3.5-hour hearing to determine Johnson's residency status.

Peter Hubbard

Democrat who defeated Johnson in the November 2025 election for the one-year term District 3 seat on the Public Service Commission.

Brian Kemp

Governor of Georgia who appointed Johnson to the Public Service Commission in July 2021 to fill a vacancy.

Got photos? Submit your photos here. ›

What they’re saying

“Right now, it's in the judge's hands. There's no timeline for a decision, but we expect one within the next week or two. Then it goes to the Secretary of State to render his decision. He can either agree with the judge or disagree.”

— Bryan Sells, Attorney representing Daniel O'Toole

“He's done not even the bare minimum to pretend he lives in Fulton.”

— Daniel O'Toole, Complainant

What’s next

A decision from Administrative Law Judge Kimberly Schroer on Fitz Johnson's residency status is expected within the next week or two. The ruling will then be sent to the Georgia Secretary of State, who can either agree with the judge's decision or disagree.

The takeaway

This case highlights the importance of residency requirements for elected officials, especially those serving on powerful regulatory bodies like the Public Service Commission. The outcome could significantly impact the makeup and priorities of the commission, which plays a crucial role in decisions affecting electricity prices and the state's energy future.