Minnesota charges O'Keefe with felony identity theft over 2026 primary voting
Prosecutors allege the pair used names of registered and deceased voters during the Aug. 11 state primary.
By Carolina Wood ·
Hennepin County Attorney Mary Moriarty announced on Wednesday that conservative influencer James O'Keefe and Cam Higby face felony charges of unlawful voting and identity theft. The prosecution stems from the pair's actions during the Minnesota state primary election held on Aug. 11, 2026.
The first key detail involves the specific legal mechanism used. O'Keefe and Higby utilized a statutory process known as vouching. Minnesota law permits a registered voter living in the same precinct to vouch for up to eight other voters. Staff members of residential facilities also hold vouching authority for their residents. The prosecutors argue the pair misapplied these rules without proper authorization.
The second key detail concerns the method of identification. The two men disguised themselves and recorded their visit with hidden cameras. O'Keefe stated in a post on X that they wore "Muslim garb," including a full-face veil known as a niqab. He claimed their objective was to expose the "sheer lunacy" of the vouching system. They posted the resulting videos on social media in August.
The third key detail addresses the specific individuals named. Moriarty said police interviewed the registered voters whose names the pair used. The office also determined that the influencers used the names of deceased voters. When asked how the pair obtained those names, Moriarty replied, "We don't know that."
Moriarty stated that the office of Minnesota Secretary of State Steve Simon alerted her office to the conduct. Simon issued a statement earlier in the year saying the pair's goal was to cast doubt on election laws that had been in force for over fifty years. He added that they revealed ignorance of how those laws work while placing themselves in legal jeopardy.
The case fits within a national context where President Donald Trump has alleged for years that Democrats committed voter fraud. The administration has sought state voter roll lists to identify alleged noncitizen voters in Democratic-controlled states. O'Keefe previously settled a 2024 lawsuit involving false claims of voter fraud from the 2020 election.
Neither O'Keefe nor Higby immediately responded to requests for comment. They are not in custody. Instead, they will receive a summons to appear in Minnesota for a court appearance. Higby operates a YouTube account with 285,000 subscribers and formerly worked as a journalist for conservative outlets.
