The Real-ID "Rebellion" is Smaller than You Think
It is frequently misreported that more than a dozen states have "rejected" Real-ID. I decided to research that a little bit. The Electronic Privacy Information Center has this handy list of links directly to the legislation in question. I read through each state's final bill. Guess what? Most of them have no legal weight, whatsoever.
Of the 17 States reportedly "rejecting" Real-ID, 11 of them have simply passed Resolutions. What's a Resolution? Simple: it's not a law. It's just a request. For example, let's take Nevada's resolution against Real-ID: "Nevada urges Congress to repeal the REAL ID Act"
The state of Nevada "urges" the US Congress to repeal Real-ID. That's a nice sentiment, but it's far from legally preventing the State Department of Motor Vehicles from complying with the mandate.
Only 6 States have passed bills with the force of law, prohibiting their various state bureaucracies from participating in Real-ID. They are:
- South Carolina
- New Hampshire
- Oklahoma
- Washington
- Maine
- Montana
Of those, only New Hampshire's law not only prohibits the state from adopting Real-ID, but from adopting "any national identification card system that may follow therefrom"
Here's the state-by-state breakdown:
| State |
Legally binding? |
| TN |
No |
| SC |
Yes |
| NE |
No |
| NH |
Yes |
| OK |
Yes |
| IL |
No |
| MO |
No |
| NV |
No |
| CO |
No |
| GA |
No* |
| HI |
No |
| ND |
No |
| WA |
Yes |
| MT |
Yes |
| AK |
No |
| ID |
No** |
| ME |
Yes |
* Georgia's governor is legally "authorized to delay compliance with certain provisions of the federal Real ID Act"
** Idaho's Resolution, which just a sentiment, is a mighty strong one:
[T]he Idaho Legislature shall enact no
legislation nor authorize an appropriation to implement the provisions
of the REAL ID Act in Idaho, unless such appropriation is used
exclusively for the purpose of undertaking a comprehensive analysis of
the costs of implementing the REAL ID Act or to mount a constitutional
challenge to the act by the state Attorney General.
It's a VERY strong and concisely-formed opinion. In the current legislature. Come on Idaho, make political hay while the sun shines. Don't let your citizens down!
Digg
Thanks Joel!
Thanks to Joel (of NH CASPIAN fame) for pointing out Maine bill LD1138, and also Idaho's strong-but-nonbinding commitment.