Prosecutors in Minneapolis have charged conservative activist James O'Keefe and influencer Cam Higby with felonies over videos they filmed at polling places during Minnesota's August 11 primary. The Hennepin County Attorney's Office announced the charges on Wednesday, October 28: unlawful voting and identity theft for each man.
What prosecutors say happened
According to the county attorney's office, O'Keefe, 42, and Higby, 26, went to several precincts in Hennepin County, gave election judges the names of registered voters in those precincts without the voters' knowledge or permission, filmed the visits and posted the videos on social media. The office says the videos were meant to cast doubt on Minnesota's voting systems.
Neither man signed the voter oath, the office says. Prosecutors charged them anyway because, in their view, both "intentionally misrepresented their identities in applying for ballots."
That wording comes from the state law. Minnesota Statute 204C.14 makes it a felony to intentionally misrepresent your identity "in applying for a ballot," as well as to vote more than once or to cast a ballot for an illegal purpose. The identity theft charge falls under a separate law, Minnesota Statute 609.527, whose penalties depend on the number of victims and the size of any loss.
The cases are filed as 27-CR-26-28438 for O'Keefe and 27-CR-26-28437 for Higby. These are charges, not convictions, and the county's announcement does not include a response from either man.
What officials said
"Individuals engaging in unlawful conduct related to our elections will be held accountable," Hennepin County Attorney Mary Moriarty said in the release. She added that her office has met regularly with county election staff ahead of the primary and the November general election.
Minnesota Secretary of State Steve Simon said in the same release that "any attempt to disrupt or deceive our election workers will not be tolerated."
The charges come six days before Minnesota's November 3 general election.
