Conservative Activists O’Keefe and Higby Charged With Unlawful Voting in Minnesota

MINNEAPOLIS – Conservative activists James O’Keefe and Cam Higby were charged Wednesday with unlawful voting and identity theft after prosecutors in Minnesota accused them of giving false names to poll workers during the state’s primary election. The men filmed the encounters as part of a video intended to highlight what they describe as weaknesses in Minnesota’s voting laws.

Hennepin County Attorney Mary Moriarty announced the felony charges at a news conference. She said O’Keefe, 42, of West Palm Beach, Florida, and Higby, 26, of Covington, Washington, wore costumes and used the names of registered Minnesota voters while attempting to begin the “vouching” process during the Aug. 11 primary. The procedure allows an unregistered person who cannot provide proof of a current address to register and vote after signing an oath affirming their eligibility.

Poll workers grew suspicious and reported the men’s conduct. Moriarty said the episode demonstrated that “the system for identifying misconduct and responding to it functioned well during the primary.”

O’Keefe, the founder and former leader of Project Veritas, became known for publishing undercover, sting-style videos, including the footage recorded at Minnesota polling locations. He was not immediately available for comment, and court records did not list an attorney who could speak on his behalf.

Higby also did not immediately respond to an email seeking comment. Court records did not show that he had an attorney. Neither man has yet had the opportunity to enter a plea.

Under Minnesota law, a registered voter may “vouch” for another voter in the same precinct by signing an oath confirming that person’s identity and residence in the precinct. The voter receiving the vouch must also sign an oath confirming their identity and eligibility to vote, as well as provide a Minnesota driver’s license or state identification number, or the final four digits of their Social Security number.

The option is rarely used and is most often relied on by older voters who have not updated the address on their driver’s license because they no longer drive. According to the Minnesota Secretary of State’s website, fewer than 0.6% of ballots cast in the November 2024 election involved the vouching process.

Workers flag ‘strange behavior’

The video, posted to YouTube on Aug. 13, shows O’Keefe, Higby and others wearing costumes resembling clothing worn by some Muslims and using fake accents as they asked about vouching at several Minneapolis polling sites. Higby’s face was concealed, and O’Keefe told poll workers that Higby was his wife.

Moriarty said the two men “identified themselves using names of registered voters in the precinct without those voters’ knowledge or permission.”

Poll workers noticed what Moriarty called “strange behavior” and alerted election officials, who then requested a police investigation. The men did not complete the oath required for vouching. However, Moriarty said using false names and initiating the process was sufficient to support the felony charges.

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“Free and fair elections are the bedrock of democracy, and their protection is one of our highest priorities,” Moriarty said.

O’Keefe Media Group, O’Keefe’s organization, posted a statement and the video on its website. The group said the activists staged “an intentionally extreme scenario to expose what they see as the lunacy of the state’s ‘vouching’ system.”

“The team wanted to determine how election workers would respond, what safeguards they would describe, and how far they would allow the vouching process to proceed,” the statement said. “Not every election worker reacted the same way. While several workers explained how the undercover team could proceed under the vouching rules, others became suspicious of the group and took issue with the investigation. Some workers communicated concerns about the team over their radios.”

David Becker, a former Justice Department official and executive director of the Center for Election Innovation and Research, said he knew of no examples in which Minnesota’s vouching system had produced organized or widespread fraud. He added, however, that people promoting voter-fraud claims have recently made more attempts to carry out questionable acts themselves.

“Impersonating another voter is a very serious crime,” Becker said.

Voter ID laws vary

Voter identification requirements differ across the United States. The National Conference of State Legislatures says 36 states request or require voters to show some form of identification at the polls. Those requirements range from presenting a photo ID to providing documents such as a utility bill or bank statement.

In the other 14 states and Washington, D.C., voters can cast ballots without presenting identification at the polls. Instead, they may verify their identity by signing an affidavit or providing personal details, including their name, address or birth date.

Several states, including Minnesota, permit election officials or registered voters to vouch for people who do not have current identification. In Alaska and New Hampshire, an official such as a clerk or supervisor may verify a voter’s identity if they know that person personally. North Dakota allows voters who lack identification because of a disability to have an attester certify that they are qualified to vote. In West Virginia, an adult who has known the voter for at least six months may sign a sworn statement confirming the voter’s identity.

___ Boone reported from Boise, Idaho. Associated Press writer Ali Swenson contributed.