BUFFALO, N.Y. — Erie County Clerk Mickey Kearns said he's trying to send a clear message.

"I do think this is very real and I do think the governor is considering this," Kearns said.

While he doesn't expect the state legislature to pass a bill granting undocumented immigrants the ability to get New York driver's licenses, he does believe the governor might move the policy forward through executive order.

"I cannot in good conscience follow through on a policy that would violate federal laws by knowingly providing government identification to people here illegally," Kearns said.

If that happens, Kearns said the already busy auto bureaus in Erie County will not process those licenses. He does not believe there would be any legal or financial consequences for the county but, regardless, said it's a risk he's willing to take.

"I'm not going to do it. I'm not going to process these licenses, end of story. My sign is Taurus the Bull. I'm pretty stubborn and so I'm not going to do it," Kearns said.

He is hoping it won't come to that though. Kearns said, in 2007, when then-Governor Eliot Spitzer proposed the law, there was widespread opposition from county clerks. He's urging the state clerk's association to pass a resolution opposing it again.

"I was elected by the voters of Erie County. I'll be accountable to the voters of Erie County and I'll continue to represent them. I'm not going to listen to Albany for years. I know how to fight Albany," he said.

Erie County Democratic Committee Chairman Jeremy Zellner said the clerk is latching on to a divisive issue to grab headlines during an elections year. Kearns is a registered Democrat but won the seat in a special election with the support of the local Republican Party. Zellner said Kearns should resign if he doesn't fulfill his duty to uphold state laws.

"I wanted him to resign a long time ago and he hasn't done it. I'm not going to resign this position," Kearns said.

He pointed out the governor is on the record saying the issue of licenses for undocumented immigrants is a county by county decision. However, the governor couched that statement, noting the state can change the law.