Most hunters can tell the difference between an Elk and Deer....
you evidently haven't hunted around Californians who come up to hunt in Oregon...
I've seen a time where one had a Cow Elk Tag and shot some guys Mule grazing on Forest Service land...
My Uncle who raised Black Angus on his 700 acre farm in West VA, a decade or two ago, had people come knock on the door , offering to pay him to come with his tractor, to drag the 'biggest deer " they had ever seen to the road...not evidently knowing the difference between a deer and a cow....
I quit hunting elk here locally.... where I did hunt up by Crater Lake, three years in a row, some hunter shot another hunter bringing in an elk they had shot...
you'd think someone would know the difference between a human in orange and an elk.... but not necessarily so...