Conservative activists O'Keefe and Higby charged over Minnesota polling stunt

Felony charges filed

Prosecutors in Hennepin County charged James O'Keefe and Cam Higby on Wednesday, 28 October 2026, with felony identity theft and unlawful voting. Both men are accused of misrepresenting their identities while applying for ballots during Minnesota's primary on 11 August. Neither charging document claims a ballot was actually cast, and each man faces one count per charge. Hennepin County Attorney Mary Moriarty announced the cases at a news conference and argued that the central issue is not the provocative nature of the stunt. She said:

“It is not against the law to be performative. It is not against the law to be offensive.”

Moriarty added that entering a polling place and using other people's identities to apply for a ballot is illegal, whether or not the person intends to vote. The top penalty for each charge is five years in prison, a $10,000 fine, or both.

What the video shows

Prosecutors say the men gave poll workers the names and addresses of four registered voters in Minneapolis without those voters' permission. Hidden cameras recorded the exchanges, and the pair later published videos showing them in clothing resembling attire worn by some Muslims and speaking in fake accents. In a caption on the clip, Higby wrote that Minneapolis poll workers were prepared to let him and other outsiders vote fraudulently. The video was posted to YouTube on 13 August. Poll workers grew suspicious of the behaviour and reported it to election officials, who asked police to investigate.

The vouching law at the centre of the dispute

The stunt targeted Minnesota's vouching rule, which lets a registered voter in a precinct vouch for another voter's identity and address by signing an oath. The person being vouched for must also sign an oath and provide a driver's license or state ID number, or the last four digits of a Social Security number. The law is meant to help people who have recently moved to the state vote, not to let registered voters be impersonated. The process is rarely used, and fewer than 0.6% of votes cast in the November 2024 election used it, according to the Minnesota Secretary of State's website. The Hennepin County Attorney's Office confirmed that neither man signed the required oath, but prosecutors said both men intentionally misrepresented their identities when applying for ballots.

Reaction and next steps

Higgby has said he was trying to expose vulnerabilities in how Minnesota runs its elections, and in a later statement he wrote:

“I never voted, I never signed an affidavit, and I never violated a law.”

Higby has also called the charges lawfare on social media, claiming they aim to discourage independent journalists who challenge election systems. Minnesota Secretary of State Steve Simon said in a statement on Wednesday that any attempt to deceive election workers would not be tolerated. O'Keefe had not immediately responded to requests for comment, and neither man has entered a plea. Both are scheduled to make their first court appearances on 16 November 2026 at 2 p.m., according to court records.