Minnesota Prosecutors Charge Two Conservative Activists With Felonies Over Voting Stunt

Prosecutors in Minnesota charged conservative activists James O’Keefe and Cam Higby on Wednesday with felony counts of unlawful voting and identity theft after they posed as local voters during the state primary.

The charges stem from an undercover video recorded during the August primary election in Minneapolis, in which the two men entered polling places using the names of registered voters without their permission.

Minnesota law allows registered voters to vouch for the address of an unregistered voter on election day, a measure intended to help residents who recently moved.

Steve Simon, the Minnesota secretary of state, said on Wednesday that "any attempt to disrupt or deceive our election workers will not be tolerated."

Mary Moriarty, the Hennepin County attorney, announced the charges at a press conference, saying the two men intentionally misrepresented their identities to election judges.

"I think it’s pretty clear they did not intend to vote. That’s not the question here," Moriarty said, according to MPR News.

The two men wore Islamic clothing and used fake accents while questioning election workers about vouching procedures, according to video footage they later published online.

Moriarty said the names given by the activists included deceased individuals and one living voter who had already cast a ballot in the primary.

Neither man obtained a ballot or signed the required affidavit, which carries penalties for perjury and limits each voter to vouching for eight people.

"If you identify as a journalist, there is no such thing as undercover investigation in the polling place," Moriarty said at the press conference.

Higby, 26, defended their actions on social media and told the BBC that the exercise was meant to test the election system.

"I never voted, I never signed an affidavit, and I never violated a law," Higby said.

According to the Minnesota secretary of state website, vouching is rarely used, accounting for less than 0.6 percent of votes in the 2024 general election.

It was not immediately clear when O’Keefe, 42, and Higby are scheduled to appear in court on the charges.