Minnesota Charges O'Keefe and Higby Over Primary Election Stunt

Minnesota prosecutors charged conservative political activists James O'Keefe and Cam Higby with felony identity theft and unlawful voting on October 28, 2026, following an undercover operation at Minneapolis polling places during the state's August primary. Hennepin County Attorney Mary Moriarty said the investigation focused on attempts to use other people's names while testing rules governing voter registration.

The criminal complaints followed online videos showing members of the activists' group visiting polling locations, including Pratt Elementary School, wearing disguises and asking election workers about Minnesota's vouching procedure. Prosecutors said the names used included those of deceased residents and at least one person who had already voted.

Moriarty emphasized that the alleged conduct could be prosecuted even though the participants did not complete the process of obtaining ballots. She said neither man signed the oath required to vouch for another voter, an act that could have constituted felony perjury.

"I think it's pretty clear they did not intend to vote. That's not the question here," said Moriarty, Hennepin County attorney.

She distinguished the act of staging a political demonstration from allegedly misrepresenting someone's identity to election officials.

"It is not against the law to be performative. It is not against the law to be offensive," Moriarty said.

She also explained the conduct prosecutors considered unlawful under the circumstances.

"You cannot give somebody else's name and misrepresent yourself as you go through the process," Moriarty said.

In a separate explanation of the alleged offense, she said election officials could not be given another person's identity during a ballot application.

"You cannot go into a polling place and misidentify yourself and use someone's identity and say that to our election judges as you apply for a ballot," Moriarty said.

The videos circulated online in August and featured members of the group calling itself the Justice League. One clip showed a participant using an accent while asking whether he could vouch for other voters. The group left after election workers explained that the process required a signed oath.

At Pratt Elementary School, a participant reportedly gave a poll worker the name William Pomeranz, which matched the name of an actual registered Minneapolis voter. The group disputed allegations that it impersonated a specific individual.

"The Justice League did not impersonate anyone. At no point did we claim to be William Pomerantz or any other voter. We stated a name and asked election workers questions about Minnesota's vouching process," the group said in a statement.

The group also defended the operation as an examination of election procedures rather than an attempt to cast ballots.

"The people in the video did not cast ballots. The investigation was intended to test the limits of Minnesota's vouching law and document how election workers apply it on Election Day," the group said in an August statement.

Minnesota Secretary of State Steve Simon said election workers handled the encounters appropriately. His office had confirmed in August that law enforcement was reviewing the videos.

"Minnesota's enduring tradition of high voter turnout and excellence in elections administration is due in part to the work we all do to keep polling places as 'islands of calm,'" Simon said.

He added that efforts to mislead or disrupt election officials would not be accepted.

"Any attempt to disrupt or deceive our election workers will not be tolerated. We are grateful to our law enforcement partners for holding these individuals to account," Simon said.

Simon also criticized the activists' apparent understanding of the law, arguing that the videos demonstrated a misunderstanding of how the registration process operates.

"Instead, they revealed their ignorance of how those laws actually work — while putting themselves in legal jeopardy," Simon said, describing the operation's apparent aim as an effort to challenge Minnesota election laws.

Higby rejected the charges in a social media post on October 28, 2026, framing the prosecution as an attack on his political expression and reporting.

"I showed how Minnesota allows cheating in elections. Now they want to TAKE MY RIGHT TO VOTE AWAY. This is lawfare.

They want to scare all independent journalists who may challenge them. This is FASCISM," Higby wrote.

Minnesota's vouching law allows a registered voter who lives in the same precinct to confirm an unregistered voter's residence by signing an oath. A registered voter may vouch for as many as eight people, while anyone who has been vouched for cannot vouch for another voter.

The process supports same-day registration for eligible residents who cannot otherwise establish their current address through the required documentation. According to Minnesota election guidance, a prospective voter must still provide a state driver's license or identification number, or the last four digits of a Social Security number, for identity verification.

Simon said 0.6 percent of Minnesota voters were vouched for in 2024 and that he did not recall a case of vouching fraud during his tenure. Responsibility for prosecuting suspected election offenses rests with local prosecutors rather than the secretary of state's office.

The law has also faced federal scrutiny. In January, the U.S. Department of Justice sought Minnesota's records concerning the vouching system, and Assistant U.S.

Attorney General Harmeet Dhillon questioned its consistency with federal election law. A previous Justice Department lawsuit concerning voter registration in Minnesota was dismissed by a judge.

O'Keefe is known for producing undercover videos, and previous activities have resulted in criminal charges. In 2017, Washington Post reporters exposed an attempt to sell the newspaper a fabricated story. The initial court appearance for O'Keefe and Higby was scheduled for November 16, 2026.