State officials say they can’t think of a single identification document that on its own satisfies identity requirements for a Colorado driver’s license or ID card.
A Wednesday deadline looms for the state to scrap a controversial rule that required applicants for a license or ID card to provide two forms of identification.
The law requires an applicant to provide documentation of identity, age and legal residence in the U.S.
“If someone can tell me the one document that satisfies the statutes, I’d use it,” revenue director M. Michael Cooke said Monday. “I’m not sure one ID will do it.”
Cooke said she hoped to have some criteria in place by today so Colorado’s 52 license offices could continue to process new applications.
Until now, applicants have had to provide a pair of records from a state-approved list of 19 document types to meet Colorado legal requirements.
Last week, a Denver judge struck down the two-document rule, saying it was derived illegally.
The state Division of Motor Vehicles, a branch of the Department of Revenue, did not hold public hearings when it determined which documents were acceptable proofs of identity.
To revise the rule and hold public hearings would take 60 to 90 days, Cooke said.
The ID rule has been in place since 1979, though the records allowed changed frequently.
The ruling came from a lawsuit brought by people – many of them homeless – who had difficulty getting licenses and ID cards.
To comply with Denver Chief District Judge Larry Naves’ injunction, the state can’t restrict which documents can be used.
Because one document isn’t enough, Cooke said applicants might still need two documents to prove their identity and legal presence, though which two is not clear.
State law requires that license applicants prove their identity with “secure and verifiable” documents.
Lawyers for the homeless say passports ought to be good enough. They have a person’s name, citizenship and date of birth, and proof of identity is required to obtain one.
That’s not sufficient to satisfy the “secure” aspect of state law, Cooke said.
“The criteria to get one is less restrictive and allows for a person to use a nickname instead of their legal name,” she said. “That’s a problem.”
Staff writer David Migoya can be reached at 303-954-1506 or dmigoya@denverpost.com.
