Hennepin County charges James O'Keefe and Cam Higby over Minneapolis vouching videos; O'Keefe says they never applied for a ballot
Hennepin County prosecutors charged James O'Keefe and Cam Higby with felony unlawful voting and identity theft, saying they gave Minneapolis poll workers registered voters' names while filming a video about vouching. O'Keefe says they never applied for a ballot.
Case period:
Published by The Dispute Index editorial teamPublished Updated
Overview
On October 28, 2026, the Hennepin County Attorney's Office charged James O'Keefe and Cam Higby with felony unlawful voting and identity theft. Prosecutors say the two men gave election judges at Minneapolis precincts the names of registered voters, without those voters' knowledge, while filming a video about Minnesota's vouching rules during the August 11 primary. O'Keefe says they never applied for a ballot and describes the work as journalism. Higby says no laws were broken.
Read the full background
Minnesota lets a registered voter vouch for a person who registers on Election Day in the same precinct, by signing an oath that the person lives there. The person being vouched for must also give a Minnesota driver's license or identification card number or the last four digits of a Social Security number. The Associated Press reports that fewer than 0.6% of votes cast in the November 2024 election used the process, most often older adults who have not updated the address on a license because they no longer drive.
O'Keefe, who founded Project Veritas and now runs O'Keefe Media Group, posted a video on August 13 showing him, Higby and others at Minneapolis polling sites during the August 11 primary. The AP reports that they wore costumes similar to attire worn by some Muslims and used fake accents while asking election judges about vouching.
The October 28 release (opens in a new tab) from the Hennepin County Attorney's Office says both men "misrepresented their identities by giving election judges names of registered voters in the precinct without those voters' knowledge or permission." It says neither signed the vouching oath but that both "intentionally misrepresented their identities in applying for ballots." Each count carries up to five years in prison, and the charges were issued by summons. At her news conference, County Attorney Mary Moriarty said a journalist in a polling place has to identify as one, which she said the men did not do.
O'Keefe says they "did not apply for a ballot or deposit a ballot or attempt to vote," and that their questions to election officials were journalism. Higby says no laws were broken. On October 30, the Daily Caller reported that a Justice Department spokesperson said the department was reviewing the police report and video and was "of course concerned about intimidation related to First Amendment activity."
People in this case
- James O'KeefeDirectly involved
Timeline
5 timeline entries on this page. Dates: August 11, 2026 to October 30, 2026
August 2026
O'Keefe and Higby visit Minneapolis precincts during the primary
Incident
During Minnesota's August 11 primary, O'Keefe, Higby and others visit several Hennepin County precincts and film their exchanges with election judges about vouching. Prosecutors later say the two men gave the judges names of registered voters in those precincts.
[01]Hennepin County Attorney's Office
News release from the Hennepin County Attorney's Office dated October 28, 2026. It announces felony charges of unlawful voting and identity theft against James O'Keefe and Cam Higby over their conduct at Hennepin County precincts during the August 11 primary, quotes County Attorney Mary Moriarty and Secretary of State Steve Simon, and lists the case numbers.
Hennepin County Attorney's Office charges two individuals for conduct during Minnesota primary election · Hennepin County Attorney's OfficeFull release[02]Associated Press
Associated Press report on the charges, carried by WDBO. It summarizes Moriarty's news conference, the vouching process, the August 13 video, O'Keefe's written statement released that evening, a statement from O'Keefe Media Group, and comments from David Becker of the Center for Election Innovation and Research.
Conservative activists O'Keefe, Higby charged with unlawful voting in Minnesota · Associated PressFull articleThe video of the polling-place visits is posted
Source release
O'Keefe, Higby and others post their video of the polling-place visits to YouTube. The AP reports that they wore costumes similar to attire worn by some Muslims and used fake accents while asking about vouching.
[02]Associated Press
Associated Press report on the charges, carried by WDBO. It summarizes Moriarty's news conference, the vouching process, the August 13 video, O'Keefe's written statement released that evening, a statement from O'Keefe Media Group, and comments from David Becker of the Center for Election Innovation and Research.
Conservative activists O'Keefe, Higby charged with unlawful voting in Minnesota · Associated PressFull article
October 2026
Hennepin County charges O'Keefe and Higby
County Attorney Mary Moriarty announces felony charges of unlawful voting and identity theft against both men, issued by summons. Her office says they gave election judges registered voters' names without permission, and that neither signed the vouching oath.
[01]Hennepin County Attorney's Office
News release from the Hennepin County Attorney's Office dated October 28, 2026. It announces felony charges of unlawful voting and identity theft against James O'Keefe and Cam Higby over their conduct at Hennepin County precincts during the August 11 primary, quotes County Attorney Mary Moriarty and Secretary of State Steve Simon, and lists the case numbers.
Hennepin County Attorney's Office charges two individuals for conduct during Minnesota primary election · Hennepin County Attorney's OfficeFull release[03]Hennepin County Attorney's Office
Video of County Attorney Mary Moriarty's October 28, 2026 news conference, posted by the Hennepin County Attorney's Office on its YouTube channel. She announces the charges, then takes questions, including on whether investigative journalism could justify the conduct and on why the charges apply when the men did not sign the vouching oath.
HCAO charges two individuals for conduct during primary election: press conference (Oct. 28, 2026) · Hennepin County Attorney's Office0:00 to 3:45 (announcement); 5:08 to 5:44 (question on journalism)[04]ABC News
ABC News report on the charges, carried by WDBO. It quotes Moriarty and Simon, describes the video the two men posted in August, and quotes Higby's statement on X that no laws were broken.
2 right-wing provocateurs facing election-related charges in Minnesota · ABC NewsFull articleO'Keefe responds that they never intended to complete vouching
Reaction
In a video and written statement released that evening, O'Keefe says he and Higby acted as investigative journalists, never intended to complete the vouching process and said "the name is" rather than "my name is" when giving names to poll workers.
[02]Associated Press
Associated Press report on the charges, carried by WDBO. It summarizes Moriarty's news conference, the vouching process, the August 13 video, O'Keefe's written statement released that evening, a statement from O'Keefe Media Group, and comments from David Becker of the Center for Election Innovation and Research.
Conservative activists O'Keefe, Higby charged with unlawful voting in Minnesota · Associated PressFull articleJustice Department says it is reviewing the charges
Reaction
A Justice Department spokesperson tells the Daily Caller that the department is reviewing the police report, video and other material in the county's case and is concerned about intimidation related to First Amendment activity.
[05]DOJ reviewing felony charges against James O'Keefe and Cam Higby over undercover election sting (The Daily Caller)
Daily Caller report that a Justice Department spokesperson said the department is reviewing the police report, video and other material in the Hennepin County case and is concerned about intimidation related to First Amendment activity.
Claims
Claims separate what was said from what is contested. Follow each source for the original wording and context.
What's disputed
Disputed claim
Hennepin County Attorney's Office
James O'Keefe and Cam Higby misrepresented their identities by giving election judges names of registered voters in the precinct without those voters' knowledge or permission.
What is disputed
The Hennepin County Attorney's Office makes this allegation in its October 28, 2026 release charging both men with unlawful voting and identity theft over their visits to Minneapolis precincts during the August 11 primary. It says neither man signed the vouching oath. O'Keefe says they posed hypothetical questions to election officials and never applied for a ballot.
Sources (2)
- Hennepin County Attorney's Office charges two individuals for conduct during Minnesota primary election · Hennepin County Attorney's OfficeFull release
- Conservative activists O'Keefe, Higby charged with unlawful voting in Minnesota · Associated PressFull article
Disputed claim
O'Keefe and Higby did not apply for a ballot, deposit a ballot or attempt to vote at the Minneapolis polling places.
What is disputed
O'Keefe makes this claim in an October 29, 2026 post on X, quoting the county's statement of the law. The Hennepin County Attorney's Office says the two men began the ballot application process by giving election judges the names of registered voters, which it says is enough for the charges even though neither signed the vouching oath.
Sources (2)
- Post by James O'Keefe on X (Oct. 29, 2026, 5:16 p.m. EDT) · James O'KeefeFull post.
- Conservative activists O'Keefe, Higby charged with unlawful voting in Minnesota · Associated PressFull article
Response record
Responses
Choose one response filter, or select All responses to see the full record.
2 matching responses. Newest first.
Cam HigbyConservative social media commentator and one of the two men charged, in a post on XDirectly involved Before this statement
On the day of the charges, ABC News reported that Higby wrote on X that no laws were broken and that officials wanted him in prison for exposing election vulnerabilities in their state.
"In Minnesota it seems sex offenders walk free and journalists get charged and bombarded by the state."
Challenged the characterizationResponding to: James O'Keefe and Cam Higby misrepresented their identities by giving election judges names of registered voters in the precinct without those voters' knowledge or permission.
Full statement and sources
Higby describes himself and O'Keefe as journalists charged and bombarded by the state, and contrasts the charges with his view that sex offenders in Minnesota walk free.
After the statement
ABC News reports that the video at the center of the charges remains pinned on Higby's X account.
Post by Cam Higby on X (Oct. 31, 2026, 11:55 a.m. EDT) · Cam HigbyFull post.2 right-wing provocateurs facing election-related charges in Minnesota · ABC NewsFull articleWhy this label?
The reference point is O'Keefe and Higby's conduct at Minneapolis polling places during the August 11 primary, where prosecutors say they gave election judges registered voters' names while asking about vouching. Higby rejects the charges by describing the two men as journalists targeted by the state.
This label describes the statement's response within the context above.
James O'KeefeFounder of O'Keefe Media Group and one of the two men charged, in a post on XDirectly involvedBefore this statement
O'Keefe posts the day after the charges were announced. He writes that he and Higby did not apply for a ballot, deposit a ballot or attempt to vote, and that they showed an elections official confirming that one person could vouch for eight others who were not there.
"If that's a crime, anyone who speaks with a polling official and asks questions is also committing a crime. Journalism is not a crime."
Challenged the characterizationResponding to: James O'Keefe and Cam Higby misrepresented their identities by giving election judges names of registered voters in the precinct without those voters' knowledge or permission.
Full statement and sources
O'Keefe says he and Higby did not apply for a ballot, deposit one or attempt to vote. He argues that if their conduct is a crime, anyone who asks a polling official questions is committing one, and calls their work journalism.
After the statement
The AP report on the charges says Moriarty considered giving false names and starting the vouching process enough to justify the felony charges.
Post by James O'Keefe on X (Oct. 29, 2026, 5:16 p.m. EDT) · James O'KeefeFull post.Conservative activists O'Keefe, Higby charged with unlawful voting in Minnesota · Associated PressFull articleWhy this label?
The reference point is O'Keefe and Higby's conduct at Minneapolis polling places during the August 11 primary, where prosecutors say they gave election judges registered voters' names while asking about vouching. O'Keefe disputes that the conduct was a crime, saying they did not apply for a ballot and that asking polling officials questions is journalism.
This label describes the statement's response within the context above.
Sources
(8)
Official statement
Hennepin County Attorney's Office charges two individuals for conduct during Minnesota primary election
Relevant passage: Full release
About this source
News release from the Hennepin County Attorney's Office dated October 28, 2026. It announces felony charges of unlawful voting and identity theft against James O'Keefe and Cam Higby over their conduct at Hennepin County precincts during the August 11 primary, quotes County Attorney Mary Moriarty and Secretary of State Steve Simon, and lists the case numbers.
- Author
- Hennepin County Attorney's Office
- Published
- Accessed
Original video
HCAO charges two individuals for conduct during primary election: press conference (Oct. 28, 2026)
Hennepin County Attorney Mary Moriarty announces felony charges against James O'Keefe and Cam Higby and answers a question about journalism in polling places, Minneapolis, October 28, 2026.
Excerpts from 0:30 to 2:39 and 5:08 to 5:45 of the Hennepin County Attorney's Office video. DI added its logo in the corner.
Video: Hennepin County Attorney's Office
Watch the full original video (opens in a new tab) (relevant passage: 0:00 to 3:45 (announcement); 5:08 to 5:44 (question on journalism))
About this source
Video of County Attorney Mary Moriarty's October 28, 2026 news conference, posted by the Hennepin County Attorney's Office on its YouTube channel. She announces the charges, then takes questions, including on whether investigative journalism could justify the conduct and on why the charges apply when the men did not sign the vouching oath.
- Author
- Hennepin County Attorney's Office
- Published
- Accessed
Reporting
DOJ reviewing felony charges against James O'Keefe and Cam Higby over undercover election sting (The Daily Caller)
Relevant passage: Full article
About this source
Daily Caller report that a Justice Department spokesperson said the department is reviewing the police report, video and other material in the Hennepin County case and is concerned about intimidation related to First Amendment activity.
- Author
- Ashley Brasfield; The Daily Caller
- Published
- Accessed
Original post
Post by Cam Higby on X (Oct. 31, 2026, 11:55 a.m. EDT)
About this source
Cam Higby's own post on X, three days after Hennepin County charged him and James O'Keefe.
- Author
- Cam Higby
- Published
- Accessed
Original post
Post by Sen. Rand Paul on X (Oct. 30, 2026, 1:48 p.m. EDT)
About this source
Sen. Rand Paul's own post on X about the Minnesota charges against James O'Keefe and Cam Higby.
- Author
- Rand Paul
- Published
- Accessed
Original post
Post by James O'Keefe on X (Oct. 29, 2026, 5:16 p.m. EDT)
About this source
James O'Keefe's own post on X, quoting the Hennepin County Attorney's Office statement that Minnesota law bars misrepresenting one's identity in applying for a ballot.
- Author
- James O'Keefe
- Published
- Accessed
Reporting
2 right-wing provocateurs facing election-related charges in Minnesota
Relevant passage: Full article
About this source
ABC News report on the charges, carried by WDBO. It quotes Moriarty and Simon, describes the video the two men posted in August, and quotes Higby's statement on X that no laws were broken.
- Author
- Lucien Bruggeman
- Published
- Accessed
Reporting
Conservative activists O'Keefe, Higby charged with unlawful voting in Minnesota
Relevant passage: Full article
About this source
Associated Press report on the charges, carried by WDBO. It summarizes Moriarty's news conference, the vouching process, the August 13 video, O'Keefe's written statement released that evening, a statement from O'Keefe Media Group, and comments from David Becker of the Center for Election Innovation and Research.
- Author
- Mark Vancleave and Rebecca Boone
- Published
- Accessed
Share or embed this case
The embed keeps its attribution link to The Dispute Index. Credit the image to The Dispute Index and link to the case page.
Cite this record
- Publisher
- The Dispute Index
- Title
- Hennepin County charges James O'Keefe and Cam Higby over Minneapolis vouching videos; O'Keefe says they never applied for a ballot
- First published
- Last updated
- Permalink
- https://disputeindex.com/cases/hennepin-county-charges-james-okeefe-cam-higby-vouching-videos
The Dispute Index. "Hennepin County charges James O'Keefe and Cam Higby over Minneapolis vouching videos; O'Keefe says they never applied for a ballot". First published: 2026-11-01. Last updated: 2026-11-01. https://disputeindex.com/cases/hennepin-county-charges-james-okeefe-cam-higby-vouching-videos