Prosecutors in Hennepin County, Minnesota, charged right-wing influencers James O’Keefe and Cam Higby on Wednesday for impersonating voters in videos they posted during the state’s Aug. 11 primary election.
The purpose of the stunt was to show how easily a person could register to vote on the day of the primary without providing proof of residence under Minnesota’s vouching law, which allows registered voters to vouch for someone who moved to the state.
Using hidden cameras and wearing disguises while visiting multiple polling locations, O’Keefe and Higby worked with other conservative activists to try to exploit this weakness in Minnesota’s election system. The two men are accused of misrepresenting their identities by giving election judges the names of registered voters without those voters’ knowledge or permission, according to state prosecutors.
Six days before the general election, the Hennepin County Attorney’s Office filed charges of unlawful voting and identity theft.
“Elections are the bedrock of democracy and their protection is one of our highest priorities,” Hennepin County Attorney Mary Moriarty said. “Individuals engaging in unlawful conduct related to our elections will be held accountable.”
Democratic Minnesota Secretary of State Steve Simon, whose office notified Moriarty about the alleged conduct, added that disrupting or deceiving “our election workers will not be tolerated.”
Higby, 26, responded to the charges in a series of X posts and set up a GiveSendGo fundraising page for people to support him financially against what he calls “Minnesota burqa lawfare.” Higby wore a black burqa, a garment worn by some Muslim women, in an undercover video posted on social media.
O’Keefe, 42, nor O’Keefe Media Group immediately responded to the news online.
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Minnesota law prohibits any individual from intentionally misrepresenting their identity in applying for a ballot, casting a ballot, or attempting to vote via a voting machine or electronic voting system, the attorney’s office said. O’Keefe and Higby did not sign the state’s required oath to receive ballots, nor did they cast ballots in the primary.
It is unclear when O’Keefe and Higby are due in court. If convicted, both men could face up to 10 years in prison.