NIAGARA COUNTY, N.Y. — Niagara County Clerk Joe Jastrzemski has been very open about his opposition to New York's recently passed "Green Light" law. The law was signed by Gov. Andrew Cuomo in June and will allow undocumented immigrants to get a driver's license in New York State.

Jastrzemski said from the beginning he will not enforce it because he believes it challenges his oath of office.

"By asking me to choose between breaking a federal law and a state law," said Jastrzemski.

That opposition was taken a step further as the Niagara County Legislature voted on a resolution Tuesday night to sue New York State over the law.

"I will recommend the Niagara County Legislature immediately commence litigation challenging the constitutionality of the Green Light law" said Claude Joer, Niagara County attorney.

The legislature says their main concern with the law is voter fraud.

"There is also no way for the state or local board of elections to verify the citizenship of an applicant before processing their voter registration" said Rebecca Wydysh, Niagara County legislator. "The applicant will be registered, sent a voter ID card and they can go out and vote without election officials being aware of their status." 

"This cannot happen," said Keith McNall, Niagara County legislator. "It would be a tragic result to have voter participation diluted by votes cast by non-citizens."

With this concern, it begs the question, how many undocumented immigrants in Niagara County could get a license under this new law and impact an election?

"If it's one, if it's one, they are impacting the vote that's the bottom line" said Jastrzemski.