Conservative influencer James O'Keefe and fellow commentator Cam Higby have been charged in Minnesota with felony unlawful voting and identity theft, following an incident during the state's primary election in August. The charges, announced Wednesday by Hennepin County Attorney Mary Moriarty, stem from the pair's alleged attempts to exploit the state's voter vouching process.
According to Moriarty, O'Keefe and Higby entered polling places on primary day wearing mock Muslim attire and speaking in fake accents, then initiated the vouching process using the names of registered voters. The process allows a registered voter to vouch for someone who has recently moved and is not yet registered, enabling that person to cast a ballot. However, the two men did not complete the oath or actually vote, Moriarty said.
"Elections are the bedrock of democracy and their protection is one of our highest priorities," Moriarty stated. "Individuals engaging in unlawful conduct related to our elections will be held accountable."
The incident was part of a broader effort by O'Keefe, known for undercover stings, to highlight perceived vulnerabilities in the vouching system. But Moriarty emphasized that the charges are not about the costumes or political motivations. "None of that played a role," she told reporters. "The fundamental issue here is you cannot go into a polling place and misidentify yourself and use other people's identity and say that to our election judges as you apply for a ballot, whether or not you intend to vote."
The vouching process is rarely used, accounting for just 0.6% of votes cast in the 2024 election. Moriarty noted that it is primarily utilized by senior citizens who may not have updated their driver's licenses. She pointed to the felony penalties for signing the oath falsely as a "strong deterrent for people not to misuse the vouching process."
The timing of the charges, less than a week before the midterm elections, was described as coincidental by Moriarty. The two men will be issued summonses to appear in court. Moriarty urged voters to consult the Minnesota Secretary of State's website for guidance on proper polling place conduct.
"To the citizens of Hennepin County, I encourage you to use your voice, make a plan and vote," she said. "Take part in this election and know that we are prepared to hold anyone accountable who engages in unlawful activity related to our elections."
The Hill has reached out to O'Keefe and Higby for comment. This case highlights ongoing debates over election integrity, with some states expanding early voting options while others face legal challenges over voting rights protections.
