Auburn lawmaker leads Maine’s continued bipartisan resistance to Real ID

A little more than a quarter of driver’s licenses or identification cards issued by Maine’s Bureau of Motor Vehicles meet the federal requirements for what’s known as a Real ID.

The federal government has said people will need Real ID compliant credentials starting May 7 to board domestic flights and enter certain federal buildings. With that deadline less than a month away, some Maine lawmakers believe low participation in the state is not due to ignorance but rather is an “informed resistance.” 

While the policy was meant to increase security in the wake of 9/11, Democrats and Republicans in Maine have concerns about government overreach, personal privacy and the potential for data breaches. 

Rep. Laurel Libby (R-Auburn) shares in those concerns, which is why she introduced LD 160 to repeal the law that allows the Maine Secretary of State to issue a driver’s license or other identification card that meets the standards of the Real ID Act of 2005. 

“It reflects our state’s deep-rooted skepticism of federal mandates that infringe on civil liberties and a recognition that government should exist to serve and protect its citizens, not to catalog, track or intrude upon their lawful activities,” Libby told the Legislature’s Transportation Committee during a public hearing Tuesday. 

To obtain a Real ID, people must have documentation showing their full legal name, date of birth, Social Security number, proof of address and lawful status. This is often satisfied with a birth certificate, Social Security card and proof of current address, such as a utility bill. 

Libby acknowledged that people must already prove their residency to obtain a non-compliant ID, but she’s worried about the other components, especially the Social Security number. She said the law is a “dangerous consolidation of personal information.”

Collecting and storing people’s personal data increases the risk for data breaches and identity theft, she argued. She also said it acts as a “de facto national identification system,” which contradicts the principles of federalism and individual freedoms.

Sen. Nicole Grohoski (D-Hancock), a co-sponsor of the bill, said one of the most alarming components of Real ID is that it creates a shared database between states. She fears it could create a one-stop shop for hackers and identity thieves. 

Secretary of State Shenna Bellows clarified that Maine is required to keep the data people bring in for their Real IDs, but the information sharing is meant to allow other states to see if someone already holds a license or Real ID elsewhere. 

A few years after the Real ID Act was passed, Maine made a bipartisan decision to reject the implementation of the policy. However, the Legislature reversed course in 2017 after the federal government threatened to limit Mainers’ ability to board flights and access federal buildings. 

Currently, Mainers can choose whether they want a driver’s license or identification card that complies with the Real ID requirements. 

However, Libby said repealing the current policy would reduce the bureaucratic burden on the Bureau of Motor Vehicles, eliminate unnecessary costs and data storage vulnerabilities, as well as protect Mainers from potential federal overreach. 

States cannot supersede federal law so while Libby’s bill would bar the Maine Secretary of State from being able to issue compliant credentials, it would not stop the Department of Homeland Security from requiring Mainers to have Real ID compliant documentation to board flights or access federal buildings. In that case, Mainers could use federally issued identification such as a passport. 

The Real ID requirement has been pushed back multiple times in the 20 years since the policy was adopted, but is scheduled to take effect next month. 

Twenty years ago, Bellows said she urged the Maine Legislature not to move forward with Real ID requirements in Maine. In fact, she still believes the federal government should repeal it for many of the same reasons Libby listed about personal privacy and the disproportionate burden it places on married women who change their names. 

Bellows explained that it can be difficult for people who change their name if their current identification card doesn’t match the name on their birth certificate. Those individuals need to show a paper trail of the change. 

However, Bellows opposes LD 160 because she thinks it’s important for Mainers to be able to choose whether they want a Real ID. Bellows said the Legislature’s decision to make it optional for Mainers was “wise.”

If this proposal passes, Bellows said it would make Maine the only state in the union unable to issue its citizens a federally accepted credential. 

Though the participation rate has been low, Bellows said Bureau of Motor Vehicle branches have seen record traffic in the past few months, with more than eight out 10 people seeking a driver’s license or ID card wanting Real IDs. 

Even with the increased traffic and long wait times, Bellows said it is still cheaper and faster for people to get a state-issued Real ID than a passport. 

The ACLU of Maine and the Maine Policy Institute support the bill.