Skip to main content
Tuesday, November 10, 2026Nov 10

Von Spakovsky, Smith: In the feds versus Georgia’s voting law, bet on Georgia

Kristen Clarke, newly sworn in as assistant attorney general for civil rights, reacts as she is congratulated by Attorney General Merrick Garland, left, Tuesday, May 25, 2021, at the Justice Department in Washington. (AP Photo/Jacquelyn Martin)
Kristen Clarke, newly sworn in as assistant attorney general for civil rights, reacts as she is congratulated by Attorney General Merrick Garland, left, Tuesday, May 25, 2021, at the Justice Department in Washington. (AP Photo/Jacquelyn Martin) Kristen Clarke, newly sworn in as assistant attorney general for civil rights, reacts as she is congratulated by Attorney General Merrick Garland, left, Tuesday, May 25, 2021, at the Justice Department in Washington. (AP Photo/Jacquelyn Martin)

Nobody likes to be sued. It’s even worse when it’s the federal government coming after you. Yet that’s the situation Georgia finds itself in, now that the Justice Department has filed a lawsuit against the state. And for one of the worst charges imaginable: that its recently enacted election reform law discriminates against Black Georgia voters.

Yet state officials appear confident that they’ll prevail. And who can blame them? The complaint – filed by Assistant Attorney General Kristen Clarke – reads more like a news release from the Democratic National Committee than a serious lawsuit by an apolitical Justice Department.

Clarke claims the new law, SB 202, was “intended to deny or abridge the right of Black Georgians to vote.” Really? Let’s take a closer look.

Clarke points to how SB 202 requires voters to request an absentee ballot at least 11 days before Election Day, instead of the prior deadline of only four days. Only Black voters? No, all voters. Odd, then, to claim this discriminates against Black voters. Is Clarke implying that they’re less conscientious and responsible than white voters? We hope not.

Moreover, the lawsuit fails to mention that in July 2020, the U.S. Postal Service sent a letter to every state recommending “strongly” that states change their deadline for voters to request an absentee ballot. It said the optimal deadline should be at least 15 days before Election Day “to account for [USPS] delivery standards.” Georgia acted to protect its voters, not disenfranchise them.