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Hennepin County Files Felony Charges Against O'Keefe and Higby

Prosecutors allege the pair used the vouching process to claim ballots for voters who did not consent, including deceased individuals.

By Stefan Kim ·

Illustration for: Hennepin County Files Felony Charges Against O'Keefe and Higby
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Hennepin County Attorney Mary Moriarty filed felony charges against James O'Keefe and Cam Higby on Wednesday for their actions during the August 11 primary. The indictment accuses the two men of unlawful voting and identity theft for using the names of registered voters without their permission.

Moriarty stated at a press conference that O'Keefe and Higby entered polling places and provided the names of voters in those precincts. She noted that the voters did not know their names were being used. The pair utilized a Minnesota legal process called vouching, which allows a registered voter in the same precinct to vouch for up to eight other voters. Staff at residential facilities may also vouch for their residents.

"Both men stopped short of signing the oath we all sign before receiving our ballot," Moriarty said. "But Minnesota law states clearly that no individual shall intentionally misrepresent their identity in applying for a ballot."

The men disguised themselves and filmed the visits with hidden cameras. They posted the footage on social media in August. In a post on X, O'Keefe wrote that they wore "Muslim garb," including a niqab in one instance. He stated their goal was to expose the "sheer lunacy" of the vouching system. Police later interviewed the registered voters whose names were used. Moriarty confirmed that the names of deceased voters were also included in the claims. She said her office did not know how the men obtained the names.

The two men are not in jail. They will receive a summons to appear in Minnesota court. Steve Simon, the Minnesota Secretary of State, alerted Moriarty's office to the conduct. In a statement, Simon said the men's goal was to cast doubt on election laws that have been in force for over 50 years. He argued that they instead revealed their ignorance of how those laws work. "We have zero tolerance for lying, lawbreaking, and disruptions at our polling places," Simon said.

Neither O'Keefe nor Higby responded to requests for comment. The case occurs while President Donald Trump continues to allege that Democrats have committed voter fraud. His administration has sought voter roll lists from Democratic-controlled states to identify alleged noncitizen voters.

O'Keefe has faced similar controversies in the past. In 2024, he and Project Veritas settled a lawsuit brought by a Pennsylvania postmaster. The group had promoted a postal worker's false claims of voter fraud in the 2020 election. O'Keefe was removed as head of Project Veritas in 2023. Higby previously worked as a journalist for conservative outlets. He now operates a YouTube channel with 285,000 subscribers.

Source: NBC News

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