A Minnesota prosecutor charged conservative activists James O’Keefe and Cam Higby with felonies for allegedly giving poll workers real voters’ names, even though neither man cast a ballot.
Story Snapshot
- On Wednesday, October 28, Hennepin County Attorney Mary Moriarty charged O’Keefe, 42, and Higby, 26, with felony unlawful voting and identity theft.
- Prosecutors say the men gave election judges the names of real registered voters during the August 11 primary while filming undercover videos.
- Moriarty said, “I think it’s pretty clear they did not intend to vote,” but says the law was broken when they misrepresented who they were.
- O’Keefe calls the case “an attempt to criminalize investigative journalism,” and Higby says he never broke the law. Their first court date is November 16.
What Prosecutors Allege About The Polling-Place Videos
Moriarty is the elected top prosecutor for Hennepin County, which includes Minneapolis. She says the charges are about identity, not votes. Minnesota law bars anyone from knowingly misrepresenting who they are when applying for a ballot. Prosecutors say O’Keefe and Higby did that at several Hennepin County polling places on primary day, August 11, using the names of real voters who did not know and did not give permission.
“That’s not the question here,” Moriarty said of whether the men meant to vote. “You cannot give somebody else’s name and misrepresent yourself as you go through the process.” She said the names used included some dead residents and at least one person who had already voted. One voter whose name O’Keefe allegedly gave, William Pomeranz, said he voted on Election Day without a problem and praised the poll workers for reporting what happened.
What O’Keefe And Higby Say They Were Testing
O’Keefe founded the undercover video group Project Veritas and later started O’Keefe Media Group. Higby is a conservative influencer. Both are part of a group that calls itself independent journalists. They say they went to the polls to test Minnesota’s vouching law. Vouching lets a registered voter in a precinct sign an oath swearing that a new voter lives where he says he does, so that person can register on Election Day. The law has been on the books for more than 50 years.
Their videos, posted after the primary, open with the men wearing what they called “Muslim costumes,” including face veils, and speaking in fake accents, according to reports. In the footage, poll workers explain the vouching rules, and the men walk out. “We stand by our reporting. This is an attempt to criminalize investigative journalism,” O’Keefe said. He says they never signed an oath or cast a ballot, and that they were “posing hypotheticals” to learn how the system works. “We didn’t apply for a ballot,” he said.
The Legal Fault Line: Undercover Reporting Versus Election Law
The two sides agree on the key facts: no ballot was cast and no oath was signed. Moriarty said signing the vouching oath would have been felony perjury, which is lying under oath. Where they split is on when the crime happens. Prosecutors say it happens the moment a person gives a false identity while seeking a ballot. O’Keefe says that reading is “wrong as a matter of constitutional law” and says the case will test the First Amendment.
Moriarty says reporters get no special pass inside a polling place. “If you identify as a journalist, there is no such thing as undercover investigation in the polling place,” she said. “You have to identify yourself as a journalist in the polling place, which they did not do.” She added, “It is not against the law to be performative. It is not against the law to be offensive.”
What Matters For Voters And Election Workers
Secretary of State Steve Simon, Minnesota’s top election official, said poll workers did exactly what they were supposed to do. “Any attempt to disrupt or deceive our election workers will not be tolerated,” he said. Moriarty said the system for catching misconduct worked well during the primary and that her office is ready for the general election. She said the charges are meant to make clear the conduct is unlawful, not to “send a message.”
The men were charged by summons, which means they were ordered to appear in court instead of being arrested. They are set to make their first appearance in Hennepin County District Court on November 16.
Sources:
cbsnews.com, fox9.com, apnews.com, nbcnews.com, sos.mn.gov, startribune.com, twitchy.com
