Section 37-1-3 Election or Appointment of Commissioners; Terms of Office; Filling of Vacancies.

(a)(1) The terms of office of the commissioners shall be for four years for all commissioners serving on or before June 1, 2026. (2) At the general election held in November 1940, and every four years thereafter until the general election held in November 2028, a president of the commission shall be elected by the qualified electors of this state; and at the general election held in November 1942, and every four years thereafter until the general election held in November 2026, two associates, who, with the president, shall constitute the commission, shall be elected by the qualified electors of the state. The result of such election shall be ascertained and declared by the same authority and in the same manner as are the results of election for Chief Justice and associate justices of the Supreme Court. (b)(1) Beginning after June 1, 2026, as further provided in this subsection, the membership of the commission shall be expanded so that each commissioner shall represent and serve, and be elected by the qualified voters of, a geographical district that shall be identical to a corresponding congressional district, as fixed and established for the 2024 congressional elections. Each commissioner must have been a resident of the state for a period of seven years immediately before taking office and reside in the state while in office. The Secretary of State and Governor shall ensure that commissioners are phased in so that each of the seven congressional districts are represented by the terms beginning in January 2033. (2) No later than July 15, 2026, the Governor shall appoint four commissioners to serve initial terms beginning January 18, 2027, two of whom shall serve a two-year term and two of whom shall serve a four-year term. When making appointments, the Governor shall choose: (i) one individual for a two-year term and one individual for a four-year term from a list of three names submitted for each position. The lists shall be jointly submitted by the Lieutenant Governor, the Speaker of the House of Representatives, and the President Pro Tempore of the Senate; and (ii) one individual for a two-year term and one individual for a four-year term from a list of three names submitted for each position. The lists shall be jointly submitted by the Minority Leader of the House of Representatives and the Minority Leader of the Senate. The lists shall be provided to the Governor not later than June 1, 2026. (3) The elections of commissioners shall be phased in and staggered as follows: a. At the general election held in November 2026, two commissioners shall be elected in the same manner as commissioners were elected before June 1, 2026, as provided in subdivision (a)(2). b. At the general election held in November 2028, one commissioner shall be elected to replace the commissioner previously known as president of the commission and two commissioners shall be elected to replace the two commissioners who were appointed to serve a two-year term. The commissioners shall be elected by congressional districts, including one commissioner who must represent the Seventh Congressional District. c. At the general election held in November 2030, two commissioners shall be elected to replace the two commissioners who were appointed to serve a four-year term. The commissioners shall be elected by congressional districts, including one commissioner who must represent the Second Congressional District. d. At the general election held in November 2032, the commissioners shall be elected by the remaining unrepresented congressional districts. (c)(1) All commissioners who are elected after June 1, 2026, shall serve terms of six years that begin on the first Monday after the second Tuesday in January following the general election. (2) Any reference in this act to a congressional district shall refer to the congressional districts established for the 2024 congressional election. The Code Commissioner shall conform references to congressional districts as appropriate. (d) If any vacancy occurs in any one of the offices, caused by death, resignation, or otherwise, the office shall be filled by appointment by the Governor to serve for the remainder of the unexpired term. If any individual elected to the office of public service commissioner fails or refuses for 30 days to qualify, the failure or refusal shall be deemed a vacancy in the office. When making an appointment to fill a vacancy in a congressional district held by the majority party of the Legislature, the Governor shall choose one individual from a list of three names jointly submitted by the Lieutenant Governor, the Speaker of the House of Representatives, and the President Pro Tempore of the Senate. When making an appointment to fill a vacancy in a congressional district held by the minority party of the Legislature, the Governor shall choose one individual from a list of three names jointly submitted by the Minority Leader of the House of Representatives and the Minority Leader of the Senate. (e) At the beginning of each term, starting with the term elected in November 2028, the commissioners shall elect a president and vice-president from among the membership of commissioners. (f) The provisions of this section shall not diminish the current term of any member elected to the Public Service Commission.