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Felony Charges Filed Against O'Keefe and Higby Over 2024 Primary Voting Stunt

Hennepin County prosecutors allege the influencers used the names of registered and deceased voters during August 2025 polling place visits.

By Nina Patel ·

Illustration for: Felony Charges Filed Against O'Keefe and Higby Over 2024 Primary Voting Stunt
Illustration generated for this article, not a news photograph.

Minnesota election law has long permitted registered voters to vouch for others in the same precinct, a provision now at the center of a felony case. Hennepin County Attorney Mary Moriarty announced on Wednesday that prosecutors have charged conservative influencer James O'Keefe and Cam Higby with unlawful voting and identity theft.

The charges stem from visits the two men made to polling places on August 11. According to court documents and Moriarty's testimony, the pair presented the names of registered voters without their permission. The records indicate that the men also used the names of voters who were already deceased. Moriarty stated that while the men did not sign the oath required before receiving a ballot, Minnesota law prohibits intentionally misrepresenting one's identity when applying for a ballot.

O'Keefe and Higby disguised themselves and filmed the visits using hidden cameras. They posted the footage on social media in August. In a post on X, O'Keefe described wearing Muslim garb, including a niqab, to expose the vouching system. He claimed the aim was to show the absurdity of the law. Higby, who runs a YouTube channel with 285,000 subscribers, formerly worked as a journalist for conservative outlets.

Moriarty said her office received an alert from the Minnesota Secretary of State's office regarding the conduct. Police interviewed the registered voters whose names were used. Moriarty said the office does not know how the men obtained the names. The defendants are not currently in jail and will receive a summons to appear in court in Minnesota.

Secretary of State Steve Simon stated in a release that the men's goal was to cast doubt on election laws that have been in force for over fifty years. Simon said the actions revealed the pair's ignorance of how the laws work. He added that the office has zero tolerance for lying and disruptions at polling places.

The case occurs as President Donald Trump has alleged for years that Democrats commit voter fraud. His administration has sought voter roll lists in Democratic-controlled states to identify alleged noncitizen voters. O'Keefe previously settled a lawsuit in 2024 related to claims of voter fraud in Pennsylvania. He was removed as head of Project Veritas in 2023.

Neither O'Keefe nor Higby responded to requests for comment on Wednesday.

Source: NBC News

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