Conservative activists James O’Keefe and Cam Higby face felony counts of unlawful voting and identity theft in Minnesota following an undercover video stunt at polling locations during the August state primary elections. Hennepin County Attorney Mary Moriarty announced the charges during a Wednesday news conference, stating that the pair entered polling precincts on August 11 and misrepresented themselves by using the names of registered voters without their knowledge or permission.
While neither man cast a ballot, Moriarty noted that both individuals stopped short of signing the required voter oath. Under Minnesota law, however, it remains illegal to intentionally misrepresent one’s identity when applying for a ballot. Moriarty stated that investigators interviewed the registered voters whose identities were used, noting that the pair also used the names of deceased voters. When asked where the names were obtained, Moriarty indicated that authorities do not currently know.
The actions captured in August videos posted to social media showed O’Keefe and Higby attempting to test Minnesota’s longstanding election laws. O’Keefe stated on the social media platform X that they dressed in Muslim attire, including a full-face niqab, with the stated intention of exposing the state’s vouching system. Minnesota law allows registered residents living in the same precinct to vouch for up to eight other voters, while residential facility staff can vouch for residents. O’Keefe and Higby did not complete the vouching process before leaving the premises.
State officials quickly condemned the stunt after the videos surfaced in August. Minnesota Secretary of State Steve Simon alerted the county attorney’s office to the conduct. In a public statement issued at the time, Simon criticized the stunt as revealing a fundamental misunderstanding of state statutes in place for over five decades, adding that the state maintains zero tolerance for disruptions and unlawful behavior at polling places.
Moriarty confirmed that neither man is currently in jail and that both will be issued a summons to appear in Minnesota court. Neither O’Keefe nor Higby immediately responded to requests for comment regarding the charges.
The incident unfolds against a broader national backdrop concerning election administration and ballot security. President Donald Trump has repeatedly alleged that Democrats have rigged elections or committed widespread voter fraud, prompting administration efforts to target Democratic-controlled states to obtain voter rolls and identify noncitizen voters. O’Keefe has a history of similar controversies, including a 2024 settlement with a Pennsylvania postmaster following false claims promoted by Project Veritas—the organization O’Keefe founded before his removal in 2023. Higby, a former conservative outlet journalist, currently operates a YouTube channel with 285,000 subscribers.
