MINNEAPOLIS — Conservative activists James O’Keefe and Cam Higby have been charged with felony counts of unlawful voting and identity theft following their actions during Minnesota’s primary election on August 11. Hennepin County Attorney Mary Moriarty announced the charges Wednesday, explaining that the men used false names and attempted to initiate the state’s voter “vouching” process at multiple polling locations in Minneapolis.
O’Keefe, 42, from West Palm Beach, Florida, and Higby, 26, from Covington, Washington, allegedly dressed in costumes and assumed the identities of registered voters without their knowledge or consent. According to Moriarty, the two began the vouching process—a procedure that allows unregistered voters who lack proof of residence to register and vote by having another registered voter attest to their eligibility—but they did not complete the required sworn oath. The prosecutor said this conduct, which involved providing false names to poll workers, was sufficient to warrant felony charges.
Minnesota’s vouching system permits a registered voter to vouch for another individual in the same precinct by signing an affidavit affirming the second person’s identity and residency. The person being vouched for also must sign an oath and provide identifying information such as a Minnesota driver’s license number or partial Social Security number. This option is infrequently used, mostly by voters who have not updated their IDs due to non-driving status, representing fewer than 0.6% of ballots in the upcoming November election.
The charges follow a video posted online on August 13, in which O’Keefe, Higby, and others posed in attire resembling traditional Muslim dress and used altered accents to test the response of polling officials regarding vouching rules. During interactions with poll workers, Higby concealed his face, and O’Keefe introduced him as his spouse. Poll workers became suspicious of their behavior and alerted election officials, who involved law enforcement.
O’Keefe, founder and former leader of Project Veritas, and Higby had not responded to requests for comment as of the announcement. Neither has entered a plea, and court records do not list legal representation for them.
O’Keefe’s current organization, O’Keefe Media Group, described the encounter as “an intentionally extreme scenario” designed to expose perceived weaknesses in the state’s vouching system. The group said their aim was to observe how election workers would handle the situation and that reactions among poll workers varied; some explained procedures in detail while others expressed suspicion and concern.
Election experts noted the seriousness of the charges. David Becker, former Justice Department official and executive director of the Center for Election Innovation and Research, emphasized that impersonating another voter is a serious crime, while stating there is no evidence that Minnesota’s vouching system has supported organized or widespread fraud. However, he acknowledged that recent years have seen increased attempts by individuals alleging voter fraud to engage in questionable behavior themselves.
Voter identification requirements differ widely across the United States. While 36 states mandate some form of ID at the polls, acceptable documents range from photo identification to utility bills. The remaining states and the District of Columbia permit voting without ID but require other forms of identity verification, such as affidavits or personal information. Several states, including Minnesota, allow voters or election officials to vouch for individuals lacking current identification to ensure access to the ballot box.