FACT FOCUS: It is not illegal for voters to show ID in New York and California

But voter registration requirements and guidance for poll workers paint a different picture.

Here's a closer look at the facts.

CLAIM: It is illegal for voters to show ID when casting a ballot in New York and California.

THE FACTS: This is false. Voters in both states need to show ID when it is necessary to complete their registration, but it is not required otherwise. Poll worker guidance published by New York and California instructs workers not to ask voters for ID unless records indicate that it is needed.

“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 consitution,” Kathleen McGrath, a spokesperson for the New York State Board of Elections, said of voters whose identity has already been verified. “In fact, in some counties, voters are allowed to scan their license in an effort to expedite the looking up of their voter record on the e-pollbook, but this cannot be legally required.”

The California secretary of state's office similarly said that “California law does not prohibit a voter from voluntarily presenting their identification.”

In New York, voters provide their Department of Motor Vehicles number or the last four digits of their social security number when registering to vote. They may also use another form of valid photo ID or a government document that shows their name and address, such as a utility bill or a bank statement. Voters will be asked for ID at the polls if their identify cannot be verified before Election Day, according to the state's registration form.

Recent guidance for New York poll workers states: “Do not ask the voter for ID unless ‘ID required’ is next to their name in their voter records.”

California has similar identification processes. If voters do not provide a driver's license number, a state ID number or the last four digits of their social security number when registering, another form of ID must be provided if they are voting for the first time in a federal election and registered by mail or online, according to the secretary of state's office.

“Poll workers must not ask a voter to provide their identification unless the voter list clearly states identification is required,” reads recent guidance for California poll workers released by the state.

County election officials automatically mail ballots to all active registered voters. In the 2024 general election, 80.76% of voters voted by mail. Some counties in California do not offer in-person voting at all.

Musk's post also includes an image that lists 114 countries under the title, “Full or partially democratic countries that require ID to register to vote or cast a ballot on election day in all districts.” All of them have a green checkmark to their left except for the U.S., which has a red “x.”

Although many countries listed in the image require ID for one or both of these actions, there are at least two exceptions — New Zealand and Australia. In New Zealand, voters can register without ID by filling out a signed enrollment form and do not need to present ID at the polls. Australian voters do not need ID to cast a ballot and may have someone who is already registered confirm their identity when submitting an enrollment form.

Representatives for Musk did not respond to a request for comment.

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