Right-wing provocateur James O’Keefe charged with unlawful voting for Minnesota elections stunt

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James O'Keefe, Chief Executive Officer, O'Keefe Media Group, speaking at a Senate Homeland Security and Governmental Affairs Committee hearing at the U.S. Capitol in Washington, DC. (Photo by Michael Brochstein/Sipa USA)(Sipa via AP Images)

A Minnesota prosecutor charged conservative influencers James O’Keefe and Cam Higby with unlawful voting and identity theft Wednesday for disguising themselves and giving poll workers fake names during the state’s August primary election. 

“Polling places are the heart of our democracy and should be places of safety and peace,” Minnesota Secretary of State Steve Simon (D) said in a statement. “Any attempt to disrupt or deceive our election workers will not be tolerated.

During the primary, O’Keefe and Higby filmed themselves entering polling precincts in Hennepin County and falsely claiming to be registered voters, while disguised in traditional Muslim attire. They used hidden cameras to record their interactions with poll workers and released “heavily edited video of their encounters,” Simon said in August.

The duo — who are prominent right-wing provocateurs known for creating deceptively produced videos purporting to uncover fraud — were trying to prove that Minnesota’s vouching system allows for voter fraud. 

Under Minnesota law, anyone registering to vote on Election Day can prove their residence in a given precinct by having another voter vouch for them. But potential voters still need to verify their identity by showing ID — a driver’s license or state ID card — or provide the last four digits of their Social Security number.

“Their apparent goal was to cast doubt on one or more Minnesota election laws that have been in force for over fifty years,” Simon said. “Instead, they revealed their ignorance of how those laws actually work – while putting themselves in legal jeopardy.”

After O’Keefe and Higby’s video went viral, Simon referred their conduct to the Hennepin County Attorney’s Office for potentially violating state voting laws. Hennepin County Attorney Mary Moriarty announced the felony charges in a press conference Wednesday.

Both O’Keefe and Higby used the names of registered and deceased voters in Hennepin County, which is why they were charged with identity theft in addition to unlawful voting, Moriarty said, according to NBC News. 

“Elections are the bedrock of democracy and their protection is one of our highest priorities. Individuals engaging in unlawful conduct related to our elections will be held accountable,” Moriarty said in a statement. “Our office has had regular meetings with Hennepin County Elections staff in preparation for both the primary and the general elections this year and we are fully prepared.”