James O’Keefe and Cam Higby were charged with felony unlawful voting and identity theft after posing as Minnesota voters in a stunt to test the state’s election vouching system, prosecutors said Wednesday.
Minnesota prosecutors charged conservative activists James O’Keefe and Cam Higby with felonies after they used fake identities and Muslim attire to infiltrate polling places during the state’s August primary, according to Hennepin County Attorney Mary Moriarty. The two men, who wore burqas and spoke in fake accents, claimed to be registered voters to test the state’s vouching process, which allows a registered voter to vouch for another’s eligibility if they live in the same precinct.
State law requires vouchers to sign an affidavit under penalty of perjury, a step O’Keefe and Higby did not take, Moriarty said.
CAUGHT INSIDE MINNEAPOLIS POLLING BOOTHS: Minnesota Poll Workers Tell O’Keefe, Dressed in Muslim Garb, & @camhigby, in a Burka, That They Can Vouch for Eight Unregistered Voters Without ID, Allowing Them to Vote in Minnesota Primary ElectionElection worker says, “You’re the… pic.twitter.com/bUPVxym08G
How the Stunt Unfolded
O’Keefe, founder of Project Veritas, and Higby, a social media influencer, visited multiple polling places in Minneapolis, using the names of real voters without their consent, according to prosecutors. The video they filmed, titled I Wore Burqa To EXPOSE Election FRAUD In Minneapolis,
shows them attempting to vouch for others while wearing costumes and fake accents. Poll workers reportedly flagged their behavior and reported it to authorities. Moriarty stated that the vouching system functioned well during the primary,
as workers identified the men’s misrepresentations.
State officials emphasized that vouching is rarely used—accounting for less than 0.6% of votes in the 2024 general election, according to the Minnesota secretary of state’s office. The process is intended for voters who need to update their addresses or names but does not permit impersonating real voters. O’Keefe and Higby’s actions violated state law, which prohibits misrepresenting one’s identity to election judges, Moriarty said.
🚨🚨LAWFARE: Minnesota has filed TWO FELONY CHARGES AGAINST ME related to my Burqa video in the state. No laws were broken. They want me in PRISON for exposing election vulnerabilities in their state. Support me below if you can. Thank you all. https://t.co/fmb6v34cQr
The video, which was viewed more than 7 million times as of mid-August, shows O’Keefe and Higby falsely identifying themselves to election judges. In one instance, O’Keefe used the name of William Pomeranz, a real voter who later confirmed he had no knowledge of the deception.
The men visited three polling places in total, according to charging documents. They did not vote or sign a voter oath but applied for ballots, prosecutors said. O’Keefe, 42, of West Palm Beach, Florida, and Higby, 26, of Covington, Washington, were each charged with one count of unlawful voting and identity theft. Each charge carries up to five years in prison and a $10,000 fine. Neither man is in custody, according to the documents.
Reactions and Legal Consequences
Moriarty called the men’s actions unlawful conduct related to our elections
and vowed to hold them accountable. Any attempt to disrupt or deceive our election workers will not be tolerated,
she said. The charges carry up to five years in prison and a $10,000 fine. O’Keefe and Higby have not entered pleas, and neither has an attorney listed in court records.
Higby claimed the charges were weaponized lawfare
and defended his actions. They want me in PRISON for exposing election vulnerabilities in their state,
he wrote. O’Keefe, who previously faced misdemeanor charges for entering federal property under false pretenses in 2010, did not respond to requests for comment.
Steve Simon praised the response, saying, The system for identifying misconduct and responding to it functioned well during the primary.
The case highlights tensions over election integrity, with conservative groups often alleging fraud while prosecutors emphasize the rarity of such crimes. Minnesota’s vouching law, in place for 53 years, has faced scrutiny but remains a tool for voters needing to update their records.
O’Keefe and Higby’s video, posted to YouTube on August 13, showed them wearing costumes similar to attire worn by some Muslims and using fake accents while asking about the vouching process at multiple Minneapolis voting sites. Poll workers responded differently: some explained how the vouching rules could be applied, while others became suspicious and reported the group.
What Comes Next for O’Keefe and Higby?
O’Keefe and Higby are scheduled for an initial court appearance. Moriarty reiterated that individuals engaging in unlawful conduct related to our elections will be held accountable,
as the state prepares for the general election.
The charges come amid broader scrutiny of election security. In a separate incident, Hennepin County prosecutors also charged ICE agent Christian Castro in the shooting of Venezuela native Julio C. Sosa-Celis, following ICE and Border Patrol’s Operation Metro Surge in late 2025. However, the focus on O’Keefe and Higby highlights ongoing debates over the boundaries of investigative journalism and election integrity.
Victims of the vouching stunt included William Pomeranz, a real voter whose identity was misused. Pomeranz said he was shocked
to learn his name had been used in the video. So, you know, the voting process, in my mind, worked,
Pomeranz said. I never voted, I never signed an affidavit, and I never violated a law,
Higby stated in a WCCO interview.
Legal experts noted the rarity of such charges.
O’Keefe’s group, which calls itself the “Citizen Justice League,” stated in a press release that the individuals in the video did not cast ballots
and were merely testing the limits of Minnesota’s vouching law. However, prosecutors argued that the men’s actions constituted a deliberate attempt to undermine election integrity. This is lawfare,
O’Keefe wrote on X, formerly Twitter. They want to scare all independent journalists who may challenge them. This is FASCISM.
The incident has led to debates about the role of undercover journalism in exposing potential vulnerabilities. O’Keefe, known for his undercover videos, has faced legal challenges before. In 2010, he pleaded guilty to a misdemeanor charge of entering a federal property under false pretenses after posing as a telephone repairman to gain access to a U.S. senator’s New Orleans office. His current case marks another high-profile confrontation with authorities over election-related activities.
>