MINNEAPOLIMEDIA NEWS | O’Keefe and Higby Face Felony Charges Over Minnesota Primary Polling-Place Operation

Prosecutors allege the activists used registered voters’ identities; O’Keefe says their undercover reporting stopped short of applying for ballots.

MINNEAPOLIS, MN (October 29, 2026). Hennepin County prosecutors have charged conservative activists James Edward O’Keefe and Cam Higby with felony unlawful voting and identity theft over an undercover operation at polling places during Minnesota’s August 11 primary.

The charges were announced October 28. Prosecutors allege the men gave election judges the names of registered voters without those individuals’ knowledge or permission while visiting multiple precincts.

The accusations remain allegations. Neither defendant has been convicted in these cases.

The disputed conduct

The county attorney’s office says the men recorded their encounters and published video on social media. Although neither signed the required oath, prosecutors contend that intentionally misrepresenting their identities while applying for ballots constituted unlawful conduct.

The office identifies the cases as 27-CR-26-28438 for O’Keefe and 27-CR-26-28437 for Higby.

O’Keefe disputed that characterization in a statement reported by The Associated Press. He said the men were conducting investigative journalism, did not intend to complete the process and left without touching a ballot. He maintained that they were asking election workers questions rather than applying for ballots.

AP reported that neither man had entered a plea as of its October 28 account. The disputed question is whether their conduct crossed the legal threshold alleged by prosecutors despite their stopping before signing an oath or casting a ballot.

What Minnesota’s vouching rules permit

The operation concerned Minnesota’s Election Day registration procedures, including vouching.

Under the secretary of state’s published guidance, a registered voter from the same precinct may accompany a person registering and sign an oath confirming that person’s address. A registered voter may vouch for up to eight people, and someone who was vouched for cannot then vouch for others.

Vouching is one of several authorized ways to establish residence. Other options include a valid Minnesota identification document with a current address or an approved photo ID paired with qualifying documentation.

Voters with questions should use the secretary of state’s registration guidance or call 1-877-600-8683.

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