Conservative activists James O’Keefe and Cam Higby on Wednesday were hit with unlawful voting and identity theft charges in Minnesota, after allegedly misrepresenting themselves to poll workers during Minnesota’s primary election as part of a video stunt.
In August, the men dressed up in traditional Muslim attire and attempted to apply for a ballot, claiming to be Minnesota voters, prosecutors say.
In Minnesota, voters are not allowed to intentionally misrepresent their identity when applying for a ballot, depositing a ballot in a ballot box, or voting with a voting machine or electronic voting machine. Neither man signed an election oath nor cast a ballot, according to the charges.
In a video posted to social media and viewed by 9.2 million people, O’Keefe, 42, and Higby, 26, visit multiple precincts in Hennepin County and identify themselves using the names of registered voters.
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O’Keefe claimed he was going undercover as a journalist to test the state’s voting policy, which allows a registered voter to vouch for up to eight voters applying for same-day registration.
The practice is commonly used in senior living facilities by residents who have not updated their driver’s license to reflect their current address. In the 2024 general election, less than 0.6% of votes were cast using the vouching process.
Registered voters whose names were used were not aware of the stunt and did not grant the men permission to use their names. Officials don’t know where the men got the names of the registered voters, and the voters told police they didn’t know how the men got their information.
One of the voters had already cast a ballot, Hennepin County Attorney Mary Moriarty told reporters at a news conference on Wednesday, noting the person was shocked to discover the stunt. Some of the names used belonged to deceased voters.
“Polling places are the heart of our democracy and should be places of safety and peace,” said Minnesota Secretary of State Steve Simon. “Any attempt to disrupt or deceive our election workers will not be tolerated. We are grateful to our law enforcement partners for holding these individuals to account.”
In the video published on Aug. 13, O’Keefe introduces himself and says, “This is vouching for seven other Muslims at a Minneapolis polling booth.”
O’Keefe, who is wearing a white thobe and kufi, is seen with Higby, who is wearing a black abaya with a face-covering veil. The two men walk into different voting locations and O’Keefe asks election officials if he can vouch for eight individuals if they don’t have an ID.
After the workers confirm they can, the men leave and ask the same questions at a different location.
O’Keefe presented the footage as an investigative report, but Moriarty said, “There is no such thing as an undercover investigation in the polling place. You have to identify yourself as a journalist in the polling place.”
The Minnesota Secretary of State’s office alerted her to O’Keefe’s videos, she said.
“Having entered polling places without legitimate purposes and intentionally misrepresenting their identity to election judges in applying for a ballot, the charges filed today are appropriate to address the conduct of Mr. O’Keefe and Mr. Hayden,” said Moriarty.
The two men have not been arrested yet as part of the case, though the county has issued them a summons. A court clerk will send them copies of the complaint with a date to appear in Minnesota for their first hearing.
Moriarty said her office did not issue the charges to send a message ahead of the midterm elections but rather for the men to understand their actions were unlawful.
The charges are low-level offenses in Minnesota. It’s unlikely the men will go to prison, Moriarty said, though the charges each carry a maximum sentence of five years in custody and a $10,000 fine.
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