Hennepin County Charges James O'Keefe and Cam Higby Over Primary Videos

Hennepin County prosecutors on Wednesday charged conservative activist James O'Keefe and Cam Higby with felony unlawful voting and identity theft. The charges stem from hidden-camera videos the two made at Minnesota's Aug. 11 primary, in which, according to the county, they gave election judges the names of registered voters who did not know or approve of their names being used.

The Hennepin County Attorney's Office announced the charges in a news release dated Oct. 28. A Breitbart headline described the men as indicted, but the county release says they were charged, and nothing in it mentions a grand jury.

The case raises a question for a Minnesota court: whether what the videos show is a prosecutable offense. Breitbart News reported that neither man actually voted.

What the County Says Happened

According to the release, O'Keefe, 42, and Higby, 26, visited multiple precincts in Hennepin County during the primary. They gave election judges the names of voters registered in that precinct, without those voters' knowledge or permission. The release says neither man signed the voter oath, and that both intentionally misrepresented their identities when applying for ballots. The office cites a Minnesota law that bars intentional misrepresentation of identity when applying for a ballot.

The cases are filed as 27-CR-26-28438 for O'Keefe and 27-CR-26-28437 for Higby. The release does not spell out the specific statutes, the potential penalties or which man did what at each polling place. Those details should be in the complaints, which we have not reviewed.

Breitbart described the video as showing Higby wearing a burqa and being allowed to cast a vote in a woman's name and to vouch for O'Keefe, who was also in disguise. That is the outlet's characterization of the footage, and we have not independently verified it. The county's release does not break down the roles. NBC News reported that O'Keefe posted on X that the pair wore what he called "Muslim garb," including a niqab for one of them. Minnesota lets a registered voter vouch for up to eight people, according to the Secretary of State's website as cited by Breitbart.

Prosecutor and Secretary of State Respond

Hennepin County Attorney Mary Moriarty held a press conference Wednesday. Breitbart reported she said:

"If you identify as a journalist, there is no such thing as undercover investigation in the polling place."

NBC News reported that Moriarty said Secretary of State Steve Simon's office alerted her office to the conduct. In the county release, Moriarty said her office's preparation for the primary and general elections includes regular meetings with county elections staff.

Breitbart reported that Simon issued a statement on the videos in August, saying: "The misconduct by this group is outrageous and totally unacceptable." NBC News reported that Simon said the videos showed the men's ignorance of the law. In the county release, Simon said: "Any attempt to disrupt or deceive our election workers will not be tolerated."

The Other Side of the Story

Breitbart framed the videos as exposing a weakness in how Minnesota checks who is asking for a ballot, especially the vouching rule. Prosecutors describe it differently, as deception meant to sow doubt. According to Breitbart, Higby responded on X: "This is lawfare." Breitbart also reported that he is fundraising on X.

O'Keefe himself has not commented publicly, according to Breitbart. No statements from attorneys for either man were available. Breitbart also raised claims about Moriarty's financial ties to George Soros; that claim is the outlet's alone and has not been verified. Moriarty has denied that politics played a role in the charges.

The release rests the charges on the act of giving false identities while applying for a ballot. The complaints, which we have not read, will show what prosecutors must prove.

What Happens Next

Neither the county release nor Breitbart says when the men are due in court, whether they will be summoned or arrested, or how they plan to plead. The Hennepin County court docket should show those details once they are filed.