A prosecutor in Minnesota has charged journalist James O’Keefe and conservative activist Cam Higby with felony unlawful voting. On Wednesday, Hennepin County Attorney Mary Moriarty also announced that they face charges of identity theft—both offenses carrying a potential prison sentence of up to five years.
In a video posted in August, O’Keefe and Higby were seen entering polling stations in Minneapolis during the state’s primary election. They were dressed in Islamic attire and used hidden cameras to document their interactions. Prosecutors contend that their actions fall under laws preventing attempts to obtain a ballot by impersonating a registered voter.
O’Keefe spoke to poll workers with fake accents while Higby, making references to Muslim culture, was clad in garments that obscured his face and head.
At a news conference on Wednesday, Moriarty—elected in 2022—stated that the charges weren’t influenced by the pair’s political beliefs or whether their disguises were seen as offensive.
James Edward O’Keefe, 42, and Cam Higby, 26, both face felony charges of unlawful voting and identity theft. Polling places are the heart of our democracy. Any attempt to disrupt or deceive our election workers will not be tolerated. Watch: https://t.co/LH1Q5m224J https://t.co/NMPizpONcN
— Hennepin County Attorney Mary Moriarty (@HennepinAtty) October 28, 2026
Moriarty highlighted that O’Keefe’s video showed him discussing their intent to spotlight Minnesota’s voter-vouching law, as detailed in the criminal complaints reviewed.
This law permits a registered voter to vouch for up to eight other voters who have recently moved, allowing them to vote in precincts where they haven’t registered yet.
In a press release, Moriarty accused O’Keefe of deliberately misrepresenting their identities when applying for ballots. It’s worth noting that neither of them has been reported to cast any votes.
Additionally, Moriarty has faced ongoing backlash over her handling of juvenile offenders, particularly her reluctance to resort to incarceration. This has been highlighted in various reports.
Critics, including some from her own party, have scrutinized her actions regarding serious violent crimes, like the 2023 murder of Zaria McKeever, for which two teenage brothers were implicated. Moriarty had chosen to offer the brothers plea deals in juvenile court, which did not sit well with McKeever’s family.
After public dissent concerning her treatment of the case, Democratic Gov. Tim Walz invoked a rare authority to transfer the case to Attorney General Keith Ellison, which Moriarty opposed and criticized as undemocratic.
In August 2025, she announced her decision not to run for reelection, expressing a desire to focus on her current responsibilities instead of campaigning.
🚨️️️️️️Calling all Election Judges, County Clerks, Poll Workers, and Watchers! Are you serving in the upcoming election? We want to connect with you to help ensure transparency and integrity in the electoral process. Send us a DM with your name, contact info, and the best time to reach you. You can also reach us on SIGNAL at 9144919395 or email us at [email protected].
— James O’Keefe (@JamesOKeefeIII) October 27, 2026
In response to the felony charges, Higby took to social media to assert that revealing issues with Minnesota’s election practices has led to efforts to revoke his rights. He called this “lawfare” and claimed it serves to intimidate independent journalists.
During this time, the Trump administration has also pressed Minnesota and other states for access to voter rolls, citing the need for federal oversight to combat potential election fraud.
Additionally, reports emerged that U.S. Immigration and Customs Enforcement (ICE) arrested 13 noncitizens for alleged voter fraud as the 2026 midterm elections approach, steering the conversation toward broader national discussions on election security.
The Daily Caller sought comments from O’Keefe and Higby but did not receive a reply in time for publication.
