O’Keefe, Higby allegedly used unwitting voters’ identities at Minnesota polls

Neither man voted, prosecutors say, and neither signed an oath

In a video of his encounters at Minnesota polling places, conservative activist James O’Keefe said he was specifically targeting a law that allows a registered voter to vouch for the residency status of up to eight other people who live in the same precinct. The video, which showed him asking poll workers if he could vouch for several other unregistered voters, has been viewed millions of times on social media.

Prosecutors allege that during the state’s primary elections in August, O’Keefe and conservative content creator Cam Higby used the identities of unwitting voters at polling places to demonstrate what the pair characterized as vulnerabilities in Minnesota’s election law.

The Hennepin County Attorney’s Office on Wednesday filed felony charges of unlawful voting and identity theft against O’Keefe, 42, and Higby, 26. Neither O’Keefe nor Higby actually voted, and neither signed an oath attesting to the false identities, prosecutors said. Hennepin County Attorney Mary Moriarty said they violated the law by intentionally misrepresenting their identities when applying for ballots.

“Free and fair elections are the bedrock of democracy, and their protection is one of our highest priorities,” Moriarty said at a news conference Wednesday. “We are prepared to hold anyone accountable who engages in unlawful activity related to our elections.”

Both O’Keefe and Higby were issued summonses and aren’t currently in custody, Moriarty said. O’Keefe and Higby didn’t immediately respond to a request for comment. Higby on social media said the charges were “lawfare” and said he didn’t break any laws. “They want me in PRISON for exposing election vulnerabilities in their state,” he said.

Minnesota election law requires voters registering on election day to, among other requirements, provide proof of residence. The vouching law, which involves a registered voter signing an oath attesting to the person’s residency, is one of the ways of meeting that burden. Prospective voters still need to provide identification, such as a driver’s license, to register.

Moriarty said vouching is commonly used in senior living facilities by residents who had not yet updated their address. In the 2024 election, less than 0.6% of votes were cast using the vouching process, she said.

Election security has been a paramount issue in the lead-up to the midterm elections. The Trump administration has repeatedly accused states of not doing enough to prevent voter fraud, especially among noncitizens. Election experts say noncitizen voting is rare and confined to isolated incidents that don’t affect election outcomes.

O’Keefe is best known for founding Project Veritas, which has targeted liberal groups by taping their staffers with hidden cameras. He was fired from the group in 2023. In 2010, O’Keefe pleaded guilty to misdemeanor charges after a ruse targeting then-Sen. Mary Landrieu, a Louisiana Democrat, went awry.