Conservative Activists James O’Keefe and Cam Higby Face Felony Charges Over Minnesota Poll Stunt

Conservative activists James O’Keefe and Cam Higby have been charged with felony identity theft and unlawful voting under Minnesota law following an undercover filming stunt during the state’s August 11 primary election. Prosecutors announced the charges on Wednesday, stating that the pair used real individuals’ identities to pose as voters and applied for ballots while recording with hidden cameras, though they ultimately did not cast any votes.

Hennepin County Attorney Mary Moriarty emphasized during a press conference that performative or offensive actions are not inherently illegal, but crossing established legal boundaries during an election process carries serious consequences. Moriarty stated that individuals cannot enter a polling location, misidentify themselves, and use other people’s identities when applying for a ballot, regardless of whether a vote is ultimately completed.

The operation specifically targeted Minnesota’s vouching system, a process that permits a registered voter to confirm the residency and address of another person registering within the same precinct by signing an official oath. According to charging documents, while the activists stopped short of signing the required oaths, they had already violated the law by using the identities of other voters to initiate the ballot application process.

Court documents detail visits to four Minneapolis polling places where the men utilized disguises, modified their voices, and recorded their interactions using hidden cameras. In one video posted online, O’Keefe’s clothing appeared to mimic traditional Islamic garb. Prosecutors allege that Higby used two voters’ identities, while court files state that O’Keefe used another two.

Investigators outlined specific instances from the visits. At one location, Higby provided a voter’s name and address, inquired about vouching for an accompanying woman, and then departed after pretending to take a phone call. At another station, an election worker reported that Higby questioned identification requirements approximately ten times.

Moriarty rejected assertions that the stunt revealed vulnerabilities in the state’s voting procedures. Instead, she pointed out that election workers correctly prompted the men to sign the mandatory oaths, requested identification from Higby during one encounter, and meticulously documented the interactions. She noted that these diligent records alone would have enabled prosecutors to build a case even without the footage published by the activists.

Neither O’Keefe nor Higby were taken into custody; both were charged via summons. Each count carries a maximum penalty of up to five years in prison alongside a $10,000 fine, though Moriarty indicated that sentencing guidelines in Minnesota make probation the expected outcome, with potential local jail time.

Reacting to the announcement, Higby condemned the prosecution as politically motivated lawfare designed to intimidate independent journalists challenging the system, characterizing the actions of authorities as fascist and asserting an attempt to infringe upon his voting rights. O’Keefe did not provide an immediate response to requests for comment.

O’Keefe has a long history of utilizing hidden-camera operations directed at liberal organizations and media entities, tracing his career back to stings conducted prior to establishing Project Veritas in 2010 and his prominent 2009 undercover work targeting ACORN. His tactics have previously resulted in legal entanglements, including an appellate court ruling in August that overturned a $130,000 judgment related to an operation against Democratic consulting firm Democracy Partners, as well as a 2021 federal search of his home connected to an investigation into the recovery of a diary belonging to Ashley Biden.