Erie County Clerk and outspoken Green Light Law critic Mickey Kearns said his staff caught a red flag, just a day after the new rules went into effect.

The Green Light Law allows people who are in the country illegally to apply for a driver's license.

"On Tuesday, we had a non-citizen who was applying for a CDL, come into this office and register to vote," he said.

Kearns said the rules don't technically affect the person in question because that person had a work visa. However, he pointed out, under the new law, basically anybody can register to vote at auto bureaus.

"I believe that it's going to be proven that the Green Light Law is very corrupt and it's not for driving, it's for registering voters," Kearns said.

The clerk said a staffer noticed the issue last week and in turn he notified the Board of Elections someone was on the voter rolls illegally. However, he said the law essentially requires his workers to turn a blind eye when it comes to status and voter registration.

"When that person is completing that transaction they're asked the question, are you a citizen or not,” Kearns said. “If they answer yes, there is nothing right now that our staff can do. They've been told by the state of New York, stand down. On an E Felony, stand down."

Kearns is asking the BOE to institute a policy to ensure all new voter registrations are reviewed and the person registering is a citizen. Niagara County Clerk Joe Jastrzemski, R, who has ongoing litigation about potential voter fraud with the Green Light Law, plans to do the same.

"I'd like to call out all the clerks throughout New York State to reach out to our fellow board of elections commissioners and come up with a policy as well," Jastrzemski said.

The Board of Elections said it needs a formal affidavit before it can investigate the allegations and Kearns says the board also needs to certify it will not share information with any federal agency that enforces immigration law.

"My point being is they said it could never happen," Kearns said. "They said under the Green Light Law it will not happen. It is going to happen."

Department of Motor Vehicles Commissioner Mark Schroeder was at a Monday event in Niagara Falls but left without taking questions from media.