James O'Keefe Charged With Identity Theft After Using Deceased Voters' Names in Hidden-Camera Election Video

James O'Keefe, 42, founder of O'Keefe Media Group and former leader of Project Veritas, and conservative commentator Cam Higby, 26, have been charged with felony identity theft and unlawful voting over a hidden-camera operation at Minnesota polling places. O'Keefe is from West Palm Beach, Florida, and Higby is from Covington, Washington.

The Hennepin County Attorney's Office announced the charges on 28 October, alleging that the men used registered voters' names during Minnesota's 11 August primary without their knowledge or permission. Some names belonged to deceased residents, while at least one belonged to a living voter who had already voted. Neither man signed the required oath or cast a ballot.

Prosecutors Say Pair Used Voters' Identities at Four Precincts

The criminal complaints concern visits to four polling places in Hennepin County. O'Keefe and Higby allegedly gave election judges the names and addresses of registered voters without permission. Prosecutors say the men filmed the encounters with hidden cameras and later posted the footage on social media in an effort to sow doubt about Minnesota's voting systems.

The videos showed the men wearing disguises, including face coverings, and using altered accents while questioning election workers. Their operation focused on Minnesota's Election Day registration system, particularly its vouching procedure. The rules allow a registered voter in a precinct to vouch for the residence of an eligible person registering to vote there. The registered voter must accompany the registrant and sign an oath confirming the person's address. One voter may vouch for up to eight eligible people.

The encounters stopped before the required oath was signed. Moriarty said the alleged misrepresentation had nevertheless occurred during the process of applying for ballots. The complaints do not allege that either man cast a vote.

Minnesota Law Prohibits Misrepresentation When Applying for a Ballot

The unlawful voting charge cites Minnesota Statutes section 204C.14, which prohibits intentionally misrepresenting one's identity when applying for a ballot, depositing a ballot or attempting to vote using a voting machine or electronic voting system. The statute classifies a violation as a felony.

The separate identity theft charge falls under section 609.527. Under the statute, a person commits identity theft by transferring, possessing or using an identity that is not their own with the intent to commit, aid or abet unlawful activity. The charging documents list a maximum penalty of five years in prison and a $10,000 fine, or both, for each count. Those are potential statutory penalties, not a prediction of any sentence.

Moriarty said she did not believe the men intended to vote, but argued that intent to cast a ballot was not the central issue. She said misrepresenting one's identity to election judges while applying for a ballot can constitute an offence even if the process is not completed. Whether the evidence proves the charged offences remains for the court to determine.

How the Names Were Obtained Remains Unclear

The names allegedly used in the operation included those of deceased residents and at least one living voter who had already voted in the primary. The county attorney's public announcement did not explain how O'Keefe and Higby obtained the names. The complaints identify four registered voters whose identities were allegedly used during the encounters.

Minnesota Secretary of State Steve Simon's office alerted prosecutors to the operation. Simon said election workers had acted appropriately in protecting the integrity of the voting process. The county attorney's announcement said the men had misrepresented their identities by giving election judges other voters' names without permission.

Higby Denies Breaking the Law as Court Date Is Set

O'Keefe founded O'Keefe Media Group after leading Project Veritas, an organisation known for undercover recordings. In an August statement, O'Keefe's organisation, which calls itself the Justice League, described the operation as a test of Minnesota's vouching rules and said the participants did not cast ballots. Prosecutors said the videos were posted to social media to sow doubt about the state's voting systems.

After the charges were announced, Higby denied breaking the law and said officials wanted to imprison him for exposing vulnerabilities in Minnesota's election procedures. He made the claim in a public social-media statement. MPR News said it had sought comment from both men but had not received a response at the time of publication. O'Keefe also did not immediately respond to a request for comment from The Washington Post.

Both men were charged by summons, with their first court appearances scheduled for 16 November in Hennepin County District Court. Neither has been convicted of identity theft or unlawful voting.