Conservative influencers face charges for Minnesota vote vouching video

MINNEAPOLIS (FOX 9) - Hennepin County Attorney Mary Moriarty has filed charges against conservative influencers and independent journalists Cam Higby and James O'Keefe over a video they made on vote vouching.

Vote vouching charges

What we know:

Cam Higby and James O'Keefe are charged with identity theft and unlawful voting under Minnesota's Election Day Act.

The backstory:

The charges relate to a video Higby made during Minnesota's primary intended to expose flaws in the state's vouching provision. The charges detail Higby and O'Keefe visiting four precincts in Hennepin County and allegedly impersonating four different voters. For the first person, identified in the charges as "Identify Theft Victim 1," officials say Higby gave a name and address that matched a registered voter. The charges state in the voice-over of the video he stated, "I am not that person."

Vouching allows registered voters to confirm the residency of another eligible voter on Primary Day or Election Day.

The law allows for a registered voter to vouch for up to eight people. Critics say the provision could be exploited to allow noncitizens to vote.

However, the Secretary of State says the provision is infrequently used, making up for less than 0.6% of votes in 2024, and each vouched voter is checked after the fact.

Unlawful voting law

Dig deeper:

Minnesota's unlawful voting statute states that it is illegal to misrepresent yourself when applying for a ballot.

In August, after posting the video, Higby argued he was testing the system and acting as a journalist and never had intent to commit any fraud.

"I didn't actually vote," said Higby during an August live stream. "I just showed up and tested the system. But they were going to allow me to vote just with first, last and address. And actually, at one of the polling locations where they told me that I didn't need ID for myself or the eight other people that I was vouching for, they didn't even ask my address. All they asked for was first and last, and they couldn't see my face. They had physically no way of verifying that I was or was not that person."

Moriarty says they broke the law because they did begin to apply.

"It's a multi-step process," said Moriarty. "They did begin to apply. I mean, that's clear. When you walk in, and you say to the election judge, ‘I am so-and-so’ and you are not that person, and ‘I am here to vouch,’ that is part of the application process."

What's next:

Both charges against Higby and O'Keefe are felonies. Moriarty says, even if convicted, Higby or O'Keefe likely wouldn't face prison time.

"My guess is they're presumptive probation under the sentencing guidelines," said Moriarty. "They could do some local jail time, but it's a low level offense in terms of Minnesota felonies."

ElectionHennepin CountyCrime and Public Safety