Conservative commentators James O’Keefe and Cam Higby have been charged with felony identity theft and unlawful voting after recording undercover videos at Minnesota polling places during the August primary, prompting a dispute over election security, voter identification requirements and the legality of their investigative methods.
By yourNEWS Media Newsroom
MINNEAPOLIS — Hennepin County prosecutors filed felony charges Wednesday against conservative political commentators James O’Keefe and Cam Higby, accusing them of using registered voters’ identities without permission while filming an undercover investigation into Minnesota’s Election Day voter registration procedures.
The charges stem from encounters at several Minneapolis-area polling places during the Aug. 11 primary election, where the men questioned election workers about Minnesota’s voter-residency vouching system.
According to KSTP Eyewitness News, Hennepin County Attorney Mary Moriarty announced the charges following a review of videos recorded by members of O’Keefe’s investigative organization, known as the Citizen Justice League.
The Hennepin County Attorney’s Office confirmed that O’Keefe, 42, and Higby, 26, each face felony counts of unlawful voting and identity theft. The defendants were charged by summons and are expected to appear in court in November.
Prosecutors allege that the men visited multiple precincts and supplied election judges with the names of actual registered voters without those individuals’ knowledge or permission.
The videos were subsequently posted online as part of an effort to examine whether Minnesota’s election procedures could be exploited.
“Elections are the bedrock of democracy and their protection is one of our highest priorities. Individuals engaging in unlawful conduct related to our elections will be held accountable,” Moriarty said.
The allegations include an encounter at Pratt Elementary School in Minneapolis in which a member of the group provided the first name William and then the surname Pomeranz while questioning an election worker.
William Pomeranz is a registered Minneapolis voter.
O’Keefe’s organization disputes the accusation that its members impersonated voters.
“The Justice League did not impersonate anyone,” the group said in a statement. “At no point did we claim to be William Pomeranz or any other voter. We stated a name and asked election workers questions about Minnesota’s vouching process.”
Another portion of the footage shows a participant speaking with an accent while asking about procedures for vouching for other prospective voters.
The group apparently left one polling location after an election worker explained that someone providing residency verification would need to sign an oath.
Prosecutors allege that both defendants misrepresented their identities while applying for ballots, conduct prohibited under Minnesota election law.
The allegations do not require proof that either defendant successfully cast a ballot. According to the criminal complaint, neither man completed the voting process.
Minnesota Secretary of State Steve Simon criticized the recorded encounters, arguing that election workers had been deliberately deceived.
“Polling places are the heart of our democracy and should be places of safety and peace,” Simon said. “Any attempt to disrupt or deceive our election workers will not be tolerated.”
Simon had previously criticized the August videos, saying the participants appeared to be attempting to cast doubt on state election laws.
“Instead, they revealed their ignorance of how those laws actually work — while putting themselves in legal jeopardy,” Simon said.
The controversy centers on Minnesota’s longstanding system allowing certain registered voters to confirm another voter’s residence when that person lacks conventional proof of address.
Under Minnesota’s Election Day registration rules, a registered voter may accompany another eligible voter to a polling place and sign an oath affirming that the person lives in the same precinct.
A registered voter may vouch for up to eight individuals, but someone who registered through vouching cannot subsequently vouch for another voter.
Employees of authorized residential facilities may also verify residency for eligible residents, provided they establish their employment.
The procedure verifies residency rather than eliminating all identity requirements.
According to the Minnesota Secretary of State’s election information, individuals using vouching must still provide identifying information, such as a Minnesota driver’s license number, state identification number or the last four digits of a Social Security number.
Election officials subsequently verify registration information, and discrepancies may be referred to law enforcement.
The secretary of state’s office reported that fewer than 0.6% of ballots cast in Minnesota’s 2024 general election involved voters who used vouching.
Approximately 71% of those individuals were already registered but needed to update their names or addresses.
The practice has nevertheless attracted federal scrutiny.
In January, the Justice Department demanded records concerning Minnesota’s voter-residency vouching procedures.
Assistant Attorney General Harmeet Dhillon subsequently questioned whether the system complied with federal election requirements, writing that it “seems facially inconsistent with the Help America Vote Act of 2002.”
That federal inquiry is separate from the criminal case brought against O’Keefe and Higby.
The defendants’ videos raised questions about how election workers verify information, while state officials maintained that the footage did not demonstrate successful fraudulent voting.
The criminal allegations instead concern the identities the participants allegedly provided while conducting their investigation.
O’Keefe, a former Project Veritas leader, has conducted numerous undercover investigations involving political organizations, government institutions and election procedures.
Higby is a conservative political commentator who has also published investigations involving immigration enforcement and other political issues.
Their upcoming court proceedings will address whether their conduct at Minnesota polling places satisfied the elements of identity theft and unlawful voting under state law.
Neither defendant has been convicted in connection with the August incidents.
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