Hennepin County prosecutors on Wednesday, Oct. 28, 2026, charged James O'Keefe and Cam Higby with felony unlawful voting and identity theft. The charges follow the publication of undercover videos recorded during Minnesota's Aug. 11 primary election. Prosecutors allege the men misrepresented their identities to election judges by using the names of registered voters without their permission.
The defendants, members of a group calling themselves the Citizen Justice League, said they were testing Minnesota's voter voucher law. This law allows a registered voter to vouch for the residency of another person to help them vote. O'Keefe, the founder of O'Keefe Media Group and former founder of Project Veritas, stated on social media that the activity was intended to expose what he described as vulnerabilities in state election security.
Court documents state that O'Keefe and Higby visited multiple precincts in Hennepin County wearing what they described as Muslim clothing and using fake accents. According to Hennepin County Attorney Mary Moriarty, O'Keefe used the names of deceased individuals and at least one living voter who had already cast a ballot. While the men reportedly asked questions about the voting process and applied for ballots, they did not sign the required oaths or cast any ballots. Prosecutors noted that the men left one location after being asked for identification.
The incident involved visits to four separate polling locations in Minneapolis. Each felony count of identity theft and unlawful voting carries a maximum penalty of five years in prison and a fine of up to $10,000.
Secretary of State Steve Simon said the videos were heavily edited to cast doubt on laws that have been in place for half a century, while Higby maintained on social media that no laws were broken. The real William Pomeranz, one of the voters O'Keefe allegedly impersonated, reported being shocked to learn his identity had been used, though he noted the system functioned well enough that he was still able to vote later that evening.
County Attorney Moriarty stated the prosecution is based on the act of misidentifying oneself when applying for a ballot, regardless of political intent or whether a vote was cast. O'Keefe and Higby were charged via summons and are scheduled to appear in court in November 2026. As of late October, no attorneys were listed as representing the defendants.