James O’Keefe, the right-wing influencer known for undercover stings targeting his political opponents, is now facing felony charges of his own after prosecutors accused him of using other people’s identities in an alleged scheme to exploit Minnesota’s election procedures.
O’Keefe and fellow right-wing commentator Cam Higby were charged Wednesday with felony unlawful voting and identity theft over their conduct at polling places during Minnesota’s August 11 primary election.
Hennepin County Attorney Mary Moriarty announced the charges, accusing the pair of misrepresenting their identities by giving election judges the names of registered voters without those voters’ knowledge or permission.
The men recorded their encounters and posted videos online in an effort to expose what they claimed were weaknesses in Minnesota’s voting system.
But prosecutors say the operation crossed a legal line.
“Elections are the bedrock of democracy and their protection is one of our highest priorities,” Moriarty said in a statement. “Individuals engaging in unlawful conduct related to our elections will be held accountable.”
During the August primary, O’Keefe and Higby visited multiple polling places in Hennepin County wearing disguises, including clothing they described as Muslim attire. They also used exaggerated accents while approaching election workers, the Associated Press reports.
Their target was Minnesota’s voter “vouching” process, which allows a registered voter in a precinct to confirm another eligible voter’s residence when that person registers to vote on Election Day.
The procedure requires the registered voter who provides the confirmation to sign an oath verifying the other person’s address.
O’Keefe and Higby allegedly began the ballot-application process using names belonging to other registered voters. According to prosecutors, some of the names belonged to deceased people, while at least one belonged to a voter who had already cast a ballot.
Neither man signed the required oath or ultimately cast a vote. But prosecutors say that does not erase the alleged misconduct.
Minnesota law prohibits intentionally misrepresenting one’s identity when applying for a ballot or attempting to vote. Moriarty said the charges stem from the men allegedly giving election workers false identities, not from their costumes or political motivations.
In other words, the fact that no ballot was cast does not automatically make the alleged conduct lawful.
Officials Say Election Workers Did Their Jobs
The operation was intended to raise questions about whether Minnesota’s election procedures could be exploited. Instead, authorities say the case demonstrates why safeguards and trained election workers matter.
Moriarty emphasized that the vouching process is used relatively rarely. It accounted for approximately 0.6% of votes cast in Minnesota during the 2024 election, according to her office’s account.
The procedure exists to help eligible voters who have moved or whose identification does not reflect their current residence. It is not a free pass to assume someone else’s identity.
Minnesota Secretary of State Steve Simon also condemned attempts to mislead election workers, saying polling places should be safe and peaceful environments.
The allegations are especially serious because the men used real voters’ identities to test a system designed to help eligible people participate in elections.
O’Keefe has built his public profile around undercover operations that he says expose corruption and misconduct. He founded Project Veritas, a conservative group known for secretly recorded videos targeting political figures, media organizations and other institutions.
The charges have now put his own methods under scrutiny.
O’Keefe has framed the case as an attack on investigative journalism and free speech. Higby has also defended the operation, arguing that they did not vote or complete the required process.
The Hennepin County Attorney’s Office said both men have been summoned to appear in court. Their initial appearances were scheduled for November 16.
The charges arrive less than a week before the November 3 midterm Election Day, putting the case squarely in the middle of a national debate over election security and accusations of voter fraud.
Moriarty said the timing was coincidental, and stressed that her office was prepared to investigate unlawful election-related conduct regardless of who was involved.
For now, the legal question is not whether O’Keefe and Higby actually managed to cast fraudulent ballots. Prosecutors say they did not. The question is whether their alleged use of other voters’ identities during the ballot-application process violated Minnesota law.
