Minnesota Prosecutors Charge O'Keefe and Higby With Felony Charges Over Voting Sting

Conservative activists James O'Keefe and Cam Higby were charged on Wednesday with unlawful voting and identity theft in Minnesota. Hennepin County Attorney Mary Moriarty announced the felony charges at a news conference, stating that the pair provided false names to poll workers during the state's primary election held on August 11. The men recorded their interactions for a video intended to highlight what they described as vulnerabilities in the state's voting laws.

According to Moriarty, O'Keefe, 42, of West Palm Beach, Florida, and Higby, 26, of Covington, Washington, wore costumes and used the names of registered voters while initiating the vouching process. This procedure allows unregistered voters who lack proof of their current address to register and vote by signing an oath of eligibility. Poll workers noticed the unusual behavior and reported it, which Moriarty said demonstrated that the system for identifying and responding to misconduct functioned effectively during the primary.

O'Keefe gained notoriety for publishing undercover sting-style videos after founding and later being ousted from Project Veritas. He was not immediately available for comment, and court records did not list an attorney speaking on his behalf. Higby also did not immediately respond to requests for comment and had no attorney listed in court records. Neither man has yet had the opportunity to enter a plea.

The vouching process in Minnesota permits a registered voter in the same precinct to sign an oath attesting to the identity and residency of another person. The person being vouched for must also sign an oath and provide a Minnesota driver's license or ID number, or the last four digits of their Social Security number. While this method is rarely used, it is most common among older adults who no longer drive and have not updated their licenses. In the November 2024 election, fewer than 0.6% of votes cast utilized this process, according to the Minnesota Secretary of State's office.

In a video posted to YouTube on August 13, O'Keefe, Higby, and others dressed in costumes resembling attire worn by some Muslims and used fake accents while asking about the vouching process at multiple Minneapolis voting sites. Higby covered his face and was referred to as O'Keefe's wife during interactions with poll workers. Moriarty stated that both men identified themselves using names of registered voters without those individuals' knowledge or permission.

Election officials asked police to investigate after poll workers flagged the strange behavior. Although the men did not sign the final oath required for vouching, Moriarty argued that starting the process with false names was sufficient to justify the felony charges. She emphasized that free and fair elections are the bedrock of democracy and protecting them is a top priority.

O'Keefe's organization, O'Keefe Media Group, stated that the team presented an intentionally extreme scenario to expose what they saw as the lunacy of the state's vouching system. The group said they wanted to determine how election workers would respond and how far they would allow the process to proceed. The statement noted that reactions varied, with some workers explaining how to proceed while others became suspicious and communicated concerns over their radios.

David Becker, executive director of the Center for Election Innovation and Research, noted that while he was not aware of organized fraud resulting from vouching, there have been increased efforts by those pushing voter fraud claims to commit questionable acts. He described impersonating another voter as a very serious crime. Voter identification laws vary across the country, with 36 states requiring some form of ID, while 14 states and Washington, D.C., allow ballots to be cast without ID through other verification methods.

Some states, including Minnesota, allow election officials or registered voters to vouch for people without current ID. Other states have different provisions, such as Alaska and New Hampshire allowing officials to verify identity personally, or North Dakota permitting attestors for voters with disabilities. West Virginia allows an adult who has known a voter for at least six months to sign a sworn statement verifying the voter's identity.