Kathleen A. Marchione

County Clerk

LoAnn Sanders

Deputy County Clerk

Kate Jeanson

Deputy County Clerk

Saratoga County Clerk's Office

Saratoga County Municipal Center

40 McMaster Street, Ballston Spa, NY 12020

Telephone (518) 885-2213 FAX (518) 884-4726

October 24, 2007

NYS DMV

Empire State Plaza

Swan Stree Building

Albany, NY 122278

Attention: Commissioner David Swarts

Dear Commissioner Swarts,

In the last few weeks, members of the New York State Association of County Clerks have made clear their opposition to Governor Spitzer’s directive to issue drivers licenses to illegal aliens.

The plan was put together in secret without consulting the State Legislature or the clerks that would be asked to implement this dramatic policy change.

As you know, I have refused to implement the Governors ill-advised plan because it violates state and federal laws as well as threatens the safety and security of the constituents I represent. Nineteen of my colleagues have pledged to do the same.

As part of your efforts to sell the plan to county clerks, you stated that our fears were unfounded, thanks to new technology that would be unveiled by the Department of Motor Vehicles and used to scan documents provided by license applicants to ensure their authenticity.

However, today’s troubling report in the Albany Times Union (Bogus IDs said to fool scanners, Odato) should give Governor Spitzer, anxious county clerks, and, in fact, the DMV itself, pause. The report quotes DMV sources as saying tests conducted in recent weeks on those scan machines have failed to recognize fake documents and have routinely declared bogus ID documents as valid. This is a stunning revelation.

If the Governor insists on moving forward with his plan and the technology is not in place to correctly scan the documents which are presented, hundreds if not thousands of illegal aliens, who wouldn’t otherwise be eligible to qualify for a license will be issued one.

On October 4, the New York State County Clerks Association overwhelmingly approved a resolution opposing the policy change of NYS DMV and called on the Governor to withdraw and rescind this policy until a more detailed examination of its ramifications could occur.

Since then, the information that we have received has done little to alleviate our concerns, and recent polls show that three-quarters of New Yorkers oppose granting New York driver’s licenses to illegal aliens.

We fear that in the Governors rush to implement this plan over the objections of legislators from both parties, and in the face of litigation and the opposition of the NYS Association of County Clerks, that this policy is premature and that your office should take additional time to more adequately prepare and plan for implementation.

Today’s Times Union report is merely the latest evidence that the Governors plan is not in the best interest of New Yorkers and should not be allowed to go forward.

Sincerely,

Kathleen A. Marchione

Saratoga County Clerk

cc: Press