Hennepin County prosecutors charged James O’Keefe, 42, and Cam Higby, 26, with felony counts of unlawful voting and identity theft on Wednesday, Oct. 28, 2026. The charges follow an investigation into videos filmed during Minnesota’s Aug. 11 primary election, where the two men allegedly misrepresented their identities at multiple polling precincts. Hennepin County Attorney Mary Moriarty announced the charges during a press conference, stating that individuals who engage in unlawful conduct related to elections will be held accountable.
The incident involved O’Keefe and Higby wearing what they described as "Muslim attire" and using fake accents while attempting to navigate Minnesota's voter vouching process. According to the county attorney’s office, the men identified themselves using the names of registered voters without their permission. One affected voter, William Pomeranz, told CBS News Minnesota he was shocked to learn his identity had been misrepresented after a student contacted him about online footage of the encounter.
While the men began the process of applying for ballots under false names, the Hennepin County Attorney noted they did not ultimately sign the required oaths or cast illegal votes. The activists stated the filming was intended to highlight perceived weaknesses in a 53-year-old state law that allows registered voters to vouch for the residency of new neighbors. Moriarty stated that the political motivations and costumes did not influence the decision to charge, as the law specifically prohibits misidentifying oneself to election judges when applying for a ballot.
The charges involve Minnesota’s election security protocols during a primary cycle where roughly 0.6 percent of total votes in a prior election were cast through the vouching system. According to the Hennepin County Attorney, this specific process is primarily used by senior citizens who may no longer drive and lack updated identification.
A person visiting a Minnesota polling place will continue to operate under a system that relies on a sworn oath for residency verification. However, this prosecution reinforces that providing false identification to a poll worker—even if no ballot is cast—is a felony offense under Minnesota law. A conviction for felony identity theft or unlawful voting carries penalties that Moriarty described as a "strong deterrent" to those considering misusing the vouching process.
The immediate impact is the issuance of a summons for O’Keefe and Higby to appear in a Minnesota court, though a specific date has not been reported. The timing of the charges occurs less than one week before the 2026 midterm Election Day, though Moriarty stated the timing was coincidental. While election officials like Secretary of State Steve Simon said the incident proved existing safeguards worked because the men were identified, the legal proceedings will determine the specific consequences for those who attempt to bypass these verification steps for filming purposes. The defendants have been reached for comment, but no response was reported at the time of publication.
Next steps include the formal court appearance for O’Keefe and Higby following their summons. The Minnesota Secretary of State’s office has urged voters to consult official guidelines for permitted polling place activities ahead of the upcoming midterm elections. No trial dates or specific deadlines for the felony cases have been set.