Minnesota Prosecutors Charge O'Keefe and Higby With Felonies Over Vouching Video

James O'Keefe and Cam Higby now face felony charges in Minnesota after prosecutors determined the pair misled poll workers during the state's August primary. The charges include unlawful voting and identity theft. This development follows a viral video the men released in which they tested the state's voter vouching process while wearing costumes and using false names.

Hennepin County Attorney Mary Moriarty announced the charges at a news conference on Wednesday. She stated that O'Keefe, 42, from West Palm Beach, Florida, and Higby, 26, from Covington, Washington, provided names of registered voters without their knowledge or permission. The men initiated the vouching process at multiple polling locations in Minneapolis on August 11. Poll workers reported the unusual behavior to election officials, who then asked police to investigate.

Moriarty noted that the men stopped short of signing the final oath required to complete the vouching process. However, she argued that giving false names and starting the procedure was sufficient to justify the felony charges. She described the incident as evidence that the system for identifying misconduct functioned well during the primary. Free and fair elections are the bedrock of democracy, and their protection is one of the office's highest priorities, she said.

The vouching process allows a registered voter in the same precinct to sign an oath attesting to another person's identity and residence. The person being vouched for must also sign an oath and provide a Minnesota driver's license number or the last four digits of their Social Security number. According to the Minnesota Secretary of State's office, fewer than 0.6% of votes cast in the November 2024 election used this method. The process is most commonly used by older adults who do not drive and have not updated their address on their license.

In the video posted to YouTube on August 13, O'Keefe and Higby dressed in attire resembling clothing worn by some Muslims. They used fake accents and referred to each other as a married couple. Higby kept his face covered during the interactions. O'Keefe Media Group, the organization O'Keefe founded, said the team created an intentionally extreme scenario to expose what they view as the lunacy of the vouching system. The group stated they wanted to determine how election workers would respond and what safeguards they would describe.

Neither O'Keefe nor Higby has entered a plea. O'Keefe was not immediately available for comment, and court records do not list an attorney for him. Higby did not immediately respond to an email seeking comment. No attorney is listed for him in court records either. O'Keefe previously led Project Veritas before being ousted from that role. He became well known for publishing undercover sting-style videos.

David Becker, executive director of the Center for Election Innovation and Research, said he was not aware of examples where vouching led to organized or widespread fraud. He noted that recent efforts by those pushing voter fraud claims have involved questionable acts like impersonating another voter. Becker described impersonation as a very serious crime. Voter identification laws vary widely across the country, with 36 states requiring some form of ID at the polls. The remaining 14 states and Washington, D.C., allow voters to cast ballots without showing ID by using methods such as signing an affidavit.

Moriarty said several poll workers explained how the undercover team could proceed under the vouching rules, while others became suspicious. Some workers communicated concerns about the group over their radios. The video showed different reactions from election staff at various sites. The prosecutor's office is now moving forward with the criminal case against the two men.