The Monroe County Clerk's Office will continue to require Social Security numbers to issue drivers licenses, in violation of an order from the governor.

The directive from Governor Eliot Spitzer and the state Department of Motor Vehicles is controversial. While it includes other requirements to establish a person's identity - such as a valid passport - the directive has been under fire because it could allow undocumented immigrants to get drivers licenses. Spitzer says the change will result in less drivers license fraud and will help law-enforcement officials locate people who pose a threat.

During the October 9 County Legislature meeting, Republican Dave Malta introduced a proposal that prohibits the clerk's office from "expending any funds to process applications" for drivers licenses for undocumented immigrants. It also requires license applicants to provide a Social Security number. (The law passed 20-9, with a split among Democrats.)

"I believe we, as legislators, have an obligation to uphold the laws, not break them," Malta said.

But during a brief debate of the proposal, legislators had different opinions on what the laws are and whose decision - the governor's or the clerk's - would constitute rule-breaking.

For some Democrats, directing County Clerk Cheryl Dinolfo to disobey the governor's executive order - a step she is perfectly willing to take - is the wrong approach. Giving the clerk the ability to overlook a law sets a dangerous precedent, said Democrat Willie Lightfoot.

"I don't see how two wrongs can make a right," said Lightfoot, who voted against the proposal.

But then the lawyers got involved.

Democrat Ted O'Brien, who works full-time as a lawyer, asked county attorney Dan DeLaus if Malta's proposal was legal. DeLaus said it was.

"It may surprise you, Mr. DeLaus, but I tend to agree with you," said O'Brien, who voted for the proposal. State vehicle and traffic laws, he said, require license applicants to give their Social Security number. O'Brien's opinion received backing from Republican Bill Smith, also an attorney.

The state adopted the regulation in 1995 under Governor George Pataki. It was a tool to identify parents not paying child support. If payments were outstanding, the state could withhold the drivers license. But in 2002, the state adopted a regulation that would let people without Social Security numbers apply for drivers licenses, provided they prove they were ineligible to receive a number.

Under Spitzer's order, license applicants can now simply check a box that says they aren't eligible. They will still, however, have to prove their identity.

The new county policy isn't without risk. If the clerk's office refuses to process applications under the governor's orders, it is possible she could be removed from office. But Dinolfo is one of 30 clerks across the state - 29, including Dinolfo, are Republicans - who approved a resolution to condemn the change in state policy. She is also one of 12 clerks who say they will disobey it.