In a 17-page decision, U.S. District Judge Gary Sharpe ruled Rensselaer County Clerk Frank Merola didn't have legal capacity to sue the state over the law, tossing his lawsuit without ruling on the merits of New York's soon-to-take effect law allowing immigrants to seek driving privileges.
Sharpe's decision was handed down the same day 27 county clerks across New York signed on to a push to delay the implementation of the law, known as the Green Light Law.
A separate federal judge dismissed Kearns' lawsuit last month; he is appealing.
Sharpe's ruling Friday found Merola didn't convincingly argue that he can sue the state as a municipal officer.
Merola argued that he was being forced to violate a constitutional ban on allowing non-citizens to vote, but Sharpe found the Green Light Law does not require Merola to register non-citizens to vote.