POLITICS & POWER: License plan stokes vote worry
Rick Brand

October 21, 2007

A new front has opened up in the war over Gov. Eliot Spitzer's undocumented immigrants driver's license controversy - the voting booth.

The latest battle lines are being drawn over how the state processes what is popularly called "motor voter" applications, where those seeking drivers' licenses can at the same time register to vote.

Critics say Spitzer is not only compromising security by licensing undocumented immigrants, but he also is opening the door to a flood of illegal voters. Aides to Spitzer say he is just following the existing law, and the new rules will improve security and public safety.

The firestorm ignited Friday, just before state lawmakers return this week to Albany, where the Republican-controlled State Senate - already at war with the governor over "Choppergate" - is bent on blocking Spitzer's licensing policy with legislation.

The seeds of the fracas began three weeks ago when the Department of Motor Vehicles sent out an electronic memo informing staff and upstate county clerks who process drivers' licenses of computer changes "that will assist you entering motor voter selections."

The DMV "mailbag" memo said that beginning Oct. 2 a motor voter registration would only be allowed "if there is a SSN [Social Security number] entered or if there is a previous verified SSN" on record.

On Friday, however, a new DMV memo was issued, rolling back the first one. "The state Board of Elections staff has advised that all motor voter applications must be transmitted in a timely manner to the appropriate board of election which will determine the client's eligibility to vote. Neither DMV nor its county clerk agents have any statutory discretion to withhold a motor voter form."

When called about the reversal, Department of Motor Vehicles officials referred all questions to the governor's press office. Robert Brehm, a state Board of Elections spokesman, said the board did not raise the issue, but responded to an inquiry on Wednesday from the executive branch.

"The mailbag was sent in error and DMV has taken appropriate action to ensure that motor voter applications are processed according to law," said Jennifer Givner, a Spitzer spokeswoman in New York City. She declined to comment on how the mistake happened or who was involved. However, Givner maintained that DMV's past practice was never to withhold applications of anyone who sought to register to vote, regardless of whether they had a Social Security number.

However, John McArdle, spokesman for Senate Majority Leader Joseph Bruno (R-Brunswick), said several upstate clerks have told their office that the new directive is a "total reversal" of past practice. "This strips back the veil of what their intentions have been all along - to register as many illegals as they can," McArdle said.

Frank Merola, Rensselaer's Republican county clerk, said that before the Oct. 2 change listing the Social Security number on the license application automatically opened the option for going to the motor voter screen on the computer. The latest change eliminates that safeguard, he added.

"If you have an effective firewall, why would you eliminate it?" Merola said.

But Givner maintains that the state has no choice but to process voter forms, noting the Motor Voter Act states, "No statement shall be made nor any action taken to discourage the applicant from registering to vote." Spitzer aides also said noncitizens can have Social Security numbers and drivers' licenses.

Critics say the problem is that the state's only protection from illegal voters is the sworn statement of registrants declaring themselves citizens, which, if false, is perjury and punishable by up to four years in prison and a $5,000 fine. However, local election boards do not check backgrounds unless a specific complaint is made.

"No one checks on any of the applicants," Brehm said.

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