Conservative activists James O’Keefe and Cam Higby have been charged with felony counts of unlawful voting and identity theft after a hidden-camera stunt at Minneapolis polling sites during the state’s primary election in August.

Hennepin County Attorney Mary Moriarty announced Wednesday (October 28) that both men are accused of entering polling places on August 11, misrepresenting themselves as registered voters without those voters’ knowledge or consent. The charges, which carry penalties of up to five years in prison and $10,000 in fines, stem from the men’s use of disguises, altered voices, and real voters’ identities as they tried to obtain ballots while filming the encounters.

Videos posted by O’Keefe documented the interactions, with both men wearing what they described as Islamic garb and using fake accents. At one polling station, O’Keefe identified himself as “William Pomeranz,” a real Minnesota resident, but refused to provide identification when asked, leading poll workers to ask him and Higby to leave.

Both men claimed their intention was to highlight Minnesota’s “vouching” law, which allows a registered voter to confirm the address of up to eight others who do not yet have proof of residence. Prosecutors say the pair stopped short of signing the required oath and did not actually cast ballots, but still broke the law by using other people’s identities to apply for ballots.

“It is not against the law to be performative. It is not against the law to be offensive,” Moriarty said during the press conference. “The fundamental issue here is you cannot go into a polling place and misidentify yourself, use other people’s identity and say that to our election judges as you apply for a ballot—whether or not you intend to vote.”

Minnesota Secretary of State Steve Simon called the conduct “outrageous and totally unacceptable,” and emphasized that vouching is a secure but rarely used process in the state.

Higby responded to the charges on social media, calling them “lawfare” and claiming authorities want to intimidate independent journalists and take away his right to vote.

Neither O’Keefe nor Higby is currently in custody; both were charged by summons. Prosecutors expect any sentence, if there is a conviction, to include probation and possibly local jail time, but not the maximum penalty.

Armstrong & Getty