James O'Keefe says questioning polling officials is journalism, not a crime
James O'KeefeFounder of O'Keefe Media Group and one of the two men charged, in a post on X
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.
Responding 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.
“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.”
Original post
Reporting
Where this statement fits
Hennepin County charges James O'Keefe and Cam Higby over Minneapolis vouching videos; O'Keefe says they never applied for a ballot
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.
Source and context
Original post
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.
Reporting
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.
Archived copy (opens in a new tab)Before the quotation
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.
After the quotation
The AP report on the charges says Moriarty considered giving false names and starting the vouching process enough to justify the felony charges.
How this statement is classified
The label describes this statement's response within the context above.
Why 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.
- Recorded on
- Published here
- People and groups discussed
- Hennepin County Attorney's Office
More from this case
Read the full caseCam Higby says Minnesota charges journalists while sex offenders walk free
“In Minnesota it seems sex offenders walk free and journalists get charged and bombarded by the state.”Read statement
Rand Paul asks why Minnesota goes after O'Keefe and Higby instead of the actual bad guys
“Massive, multi-million-dollar social services and healthcare fraud scandals, and yet Minnesota chooses to go after @JamesOKeefeIII and @camhigby. Any interest in going after the actual bad guys, Minnesota?”Read statement
David Becker calls impersonating another voter a very serious crime
“Impersonating another voter is a very serious crime”Read statement
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- James O'Keefe says questioning polling officials is journalism, not a crime
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The Dispute Index. "James O'Keefe says questioning polling officials is journalism, not a crime". First published: 2026-11-01. Last updated: 2026-11-01. https://disputeindex.com/events/7717-o-keefe-says-he-and-higby-did-not