James Edward O’Keefe and Cam Higby face felony voting and identity theft charges in Minnesota after prosecutors accused them of using others’ names at precincts, putting vouching rules at the center of the case.
The Hennepin County Attorney’s Office announced the charges Oct. 28 against O’Keefe, 42, and Higby, 26. Prosecutors allege the men presented election judges with names associated with registered precinct residents, without those residents’ knowledge or consent. The office said neither man completed the oath used for vouching. Each faces felony counts of unlawful voting and identity theft.
Minnesota law makes it a felony to deliberately give a false identity during a ballot application or deposit, or while trying to vote through a machine or electronic system. Prosecutors allege the men misrepresented their identities while applying for ballots. In remarks reported by the Associated Press, O’Keefe said the group “didn't apply for a ballot” and had been asking election clerks hypothetical questions. The allegations have not been resolved in court.
Minnesota’s same-day registration process lets a registered voter in a precinct confirm that another person lives there. Each registered voter can vouch for up to eight people on Election Day. The confirmation establishes residence; the person still must provide a Minnesota driver’s license or ID number, or the last four digits of a Social Security number, for identity verification.
The Minnesota Secretary of State’s Office said poll workers alerted local election officials after the visits and that law enforcement was reviewing the encounters. The office says the vouching process has been allowed for more than 50 years. It accounted for less than 0.6% of votes in the 2024 general election, and about 71% of people who used it were already registered and updating a name or address.
O’Keefe Media Group posted video of the operation Aug. 13 and described it as a test of how election workers handled vouching. Hennepin County said the videos were intended to undermine confidence in Minnesota’s election system.
MPR News reported that the men’s initial court appearance was scheduled for Nov. 16.
