BUFFALO, N.Y. — According to the New York State Department of Motor Vehicles, The Driver's License Access and Privacy Act (commonly called the Green Light Law and enacted on June 17), will take effect on December 16.
It allows all New Yorkers age 16 and older to apply for a standard, not for federal purpose, non-commercial driver license or learner permit regardless of their citizenship or lawful status in the United States.
However, several county clerks in Western New York insist it may allow those affected to gain more than the privilege of driving legally.
They believe it could also lead to illegal voting.
“Someone who is here illegally will also have the opportunity to register to vote," insisted Erie County Clerk Michael Kearns, who brought suit unsuccessfully in federal court to have the Green Light Law stricken.
According to the New York DMV website’s section on the law, however, it “does not allow” applicants for drivers licenses to register to vote if they are not eligible as non-citizens. It states further “the law does not change your eligibility to register to vote in New York. Only U.S. citizens are eligible to register to vote.”
“It's also illegal to speed, but if you don't enforce or provide your cops with the tools to catch the speeders do people just automatically follow the law? The answer is no," said NYS Senator Robert Ortt (R-North Tonawanda), who called on Gov. Cuomo to delay implementing the law.
The point, according to Ortt and Kearns, is that there is really nothing stopping a non-citizen seeking a driver’s license from attempting to register to vote as well.
“Counsel from the DMV said that staff is not allowed to stop anyone from registering to vote, even though that staff member may know that person is here illegally," Kearns insisted.
He explained that front-facing monitors, which the state DMV had installed earlier this year, and which point away from the desk clerk, prompt applicants to answer a series of questions, including whether they are a U.S. citizen.
If they answer no, it goes to a next step.
If they answer yes, however, it asks them if they would like to register to vote under the state motor voter law.
“The onus is now the person who is completing that process,” Kearns said. “And even if someone makes a mistake and they press ‘yes’ ... we cannot stop anyone from registering to vote. We have that in writing from the state DMV."
Niagara County Clerk Joseph Jastrzemski produced a memo emailed to his office from the state that said, "As DMV agents, County Clerk staff are directed to take no action to interfere with voter applications at offices."
And while the monitors warn those applying that false statements can result in fines or imprisonment, the memo further warns: "DMV staff cannot repeat those warnings to customers who they perceive to be ineligible, which itself could constitute an unlawful act of voter suppression.”
“It’s ludicrous,” Jastrzemski said, noting that the presumed unlawful act of voter suppression, would be against someone who is ineligible to vote in the first place.
Beginning in October, boarding a plane will require stricter forms of identification such as an enhanced driver's license.
According to the DMV, those applying under the Green Light Law will not be able to get those.
But for the next 10 months or so the licenses they obtain (which will be stamped “not for federal purposes”) could be used as an acceptable form of ID to board flights or for a variety of other purposes.
It’s another reason the clerks who spoke in Friday believe that implementing this controversial law should at least be postponed until that time.
“If they’d wait until October 1, 2020, we wouldn’t even be having that part of the discussion,” Jastrzemski said.