Hennepin County Prosecutor Charges James O’Keefe and Cam Higby with Felonies for Polling Place Identity Use in Primary Vouching Test

Hennepin County Attorney Mary Moriarty announced Wednesday that her office has charged James Edward O’Keefe, 42, of West Palm Beach, Florida, and Cam Higby, 26, of Covington, Washington, with felony counts of unlawful voting and identity theft. The charges stem from their actions on August 11, 2026, during Minnesota’s primary election, when the two visited multiple Minneapolis polling places while filming undercover videos.

According to the Hennepin County Attorney’s Office, O’Keefe and Higby gave election judges the names of registered voters in those precincts without the voters’ knowledge or permission. Some of the names belonged to deceased individuals, and at least one belonged to a living voter who had cast a ballot in the primary. The men wore traditional Muslim attire—O’Keefe in a thobe and Higby with his face covered by a niqab or burka—and used altered accents as they inquired about the state’s vouching process. They did not sign the required oath, did not receive ballots, and did not cast votes.

Minnesota law under Statutes § 204C.14 makes it a felony for an individual to intentionally misrepresent their identity in applying for a ballot. Moriarty stated at a news conference that “Minnesota law states clearly that no individual shall intentionally misrepresent their identity in applying for a ballot,” adding that beginning the multi-step application process with another person’s name was sufficient for the charges, regardless of whether a ballot was ultimately obtained or cast. Signing a false oath under the vouching process would separately constitute felony perjury. The office said the men were not arrested and will be issued summonses; their initial court appearance is set for November 16. Each felony count carries a maximum of five years in prison and a $10,000 fine.

The case arose after the Minnesota Secretary of State’s office alerted local prosecutors following the public release of the videos. Secretary of State Steve Simon previously described the August actions as outrageous and said poll workers properly reported the encounters. In the videos, O’Keefe and Higby sought to document Minnesota’s vouching provision under § 201.061, which allows a registered voter in the same precinct to sign an affidavit affirming that another person resides in the precinct, enabling that person to register and vote without standard proof of residence. One registered voter may vouch for up to eight others. The process has been in place for more than 50 years and is used infrequently—less than 0.6 percent of votes in the 2024 general election, primarily by seniors updating addresses or residents of facilities such as nursing homes.

Higby responded on social media that “No laws were broken” and that prosecutors “want me in PRISON for exposing election vulnerabilities in their state,” while linking to a fundraiser. O’Keefe’s group, which has described itself in connection with the videos as the Citizen Justice League or related to O’Keefe Media Group, stated in August that the activity was intended to test the limits of the vouching law and that no ballots were cast. Moriarty said the charges concern the misrepresentation of identity to election judges and are not based on the men’s political views, costumes, or statements made outside the polling places.

Moriarty, a Democrat-Farmer-Labor Party member and former chief public defender in Hennepin County, was elected county attorney in 2022. Her campaign received support from progressive organizations including TakeAction Minnesota and Faith in Minnesota, groups that have received funding linked to networks associated with George Soros’s Open Society Foundations. She has faced prior criticism from victims’ families and some local officials over plea offers and charging decisions in certain violent crime cases.

State court records indicate that the specific unlawful voting charge under § 204C.14 for identity misrepresentation in applying for a ballot has been used only once since 2021 prior to these cases, according to MPR News. The statute itself has classified a violation as a felony since its modern form in 1981. The complaints cite Minnesota Statutes § 204C.14, subdivision 1(a), and identity theft under § 609.527, along with the aiding-and-abetting provision in § 609.05. Case numbers are 27-CR-26-28438 for O’Keefe and 27-CR-26-28437 for Higby.