Minnesota Prosecutors File Felony Charges Against O'Keefe and Higby

Hennepin County prosecutors filed felony charges on Wednesday against James O'Keefe, 42, and Cam Higby, 26, alleging unlawful voting and identity theft. The complaint stems from footage captured during the August 11 primary in which the two men misrepresented their identities to election officials.

The charging documents state that O'Keefe and Higby visited three polling places in Hennepin County. They did not cast ballots or sign voter oaths, but they applied for ballots using the names and addresses of registered voters who had not authorized the use of their identities. The prosecutors said the men posted the videos to social media with the intent of undermining confidence in Minnesota's voting systems.

Hennepin County Attorney Mary Moriarty emphasized that the office is holding individuals accountable for unlawful conduct related to elections. She noted that misidentifying oneself to election judges while applying for a ballot constitutes a violation, regardless of the intent to vote. Moriarty stated that the system for identifying and responding to misconduct functioned well during the primary and that her office is prepared for the general election. She clarified that the charges are not intended to send a message but to establish that the actions were unlawful.

Secretary of State Steve Simon added that any attempt to disrupt or deceive election workers will not be tolerated. The office cited a Minnesota law that bars intentionally misrepresenting a person's identity when applying for a ballot, depositing a ballot, or attempting to vote by machine. The release did not specify when O'Keefe and Higby are due in court.

The charges follow the release of videos viewed more than 7 million times by activists known as the Citizen Justice League. The group described itself as independent journalists testing Minnesota's 53-year-old voter voucher law. The law allows a registered voter to vouch for a new resident's address but does not permit the impersonation of real voters. In the footage, the activists wore what they called Muslim costumes, used fake accents, and claimed to be Minnesota voters vouching for one another.

One of the individuals whose identity was used was William Pomeranz. Pomeranz learned of the video on the Friday following Election Day after a student contacted him about the online post. He said he was shocked but noted that the poll workers reported the incident immediately. Pomeranz stated that he was able to vote that evening without problems and that the voting process worked in his mind. He said the system functioned as intended.

Cam Higby disputed the legal implications of the incident in a statement to WCCO. He claimed he never voted, never signed an affidavit, and never violated a law. Constitutional law professor David Schultz of Hamline University noted in August that impersonating another registered voter is illegal under state law. He, along with Pomeranz and Simon, suggested that the video demonstrated the existing system working as designed.

In 2024, Project Veritas and O'Keefe acknowledged that they were not aware of evidence of election fraud at an Erie, Pennsylvania, post office. This admission came after a postmaster's defamation lawsuit over their 2020 videos was settled, according to the Associated Press. The current charges in Hennepin County focus specifically on the conduct observed during the August primary in Minnesota.