State election officials in New York and California have refuted viral claims that it is illegal for voters in their states to show identification when casting ballots. The clarification comes after a social media post from X owner Elon Musk claimed that the two states “banned use of ID to vote.”
In a post on X (formerly Twitter), Musk stated, “California and New York actually banned use of ID to vote! It is illegal to show your ID in those states.” The post has been liked and reposted more than 310,000 times as of midweek. Musk also shared a graphic purporting to compare voting ID laws across democracies, which critics have since disputed.
However, both state election offices and poll worker manuals confirm that while ID is not routinely required at the polls in New York and California, it is not illegal for voters to voluntarily present ID.
“There is nothing unlawful about that voter presenting a form of photo identification at a poll site in addition to fulfilling the signature verification requirement outlined in the state’s constitution,” Kathleen McGrath, spokesperson for the New York State Board of Elections, said.
McGrath added that in some New York counties, voters can scan their driver’s license at polling stations to help poll workers more efficiently locate their voter record. However, this process remains optional and cannot be mandated by poll workers.
Similarly, the California Secretary of State’s office stated that “California law does not prohibit a voter from voluntarily presenting their identification.”
Under state and federal law, both New York and California require voters to provide identifying information — such as a driver’s license number or the last four digits of a Social Security number — when registering to vote. If the information is missing or incomplete, first-time voters may be required to present an acceptable form of ID at the polls. Existing poll worker guidance in both states makes clear that ID should not be requested unless flagged in a voter’s registration record.
Poll workers in New York are advised, “Do not ask the voter for ID unless ‘ID required’ is next to their name in their voter records.” California guidance similarly states, “Poll workers must not ask a voter to provide their identification unless the voter list clearly states identification is required.”
In California, nearly all voters cast ballots by mail. For the 2024 general election, data shows that 80.76% of voters voted by mail. Some counties eliminated in-person voting altogether.
Musk’s post also referenced other countries with stricter voter ID requirements. He shared an image listing 114 democracies supposedly requiring voter ID during registration or at the polls. However, at least two countries listed — New Zealand and Australia — do not have ID requirements for casting ballots. In Australia, voters can have someone else vouch for their identity when registering.
Musk has not commented further on the matter. Representatives did not respond to a request for comment.
Source: Yahoo News, https://www.yahoo.com/news/articles/fact-focus-not-illegal-voters-201251946.html
