James O’Keefe and Cam Higby charged over Minnesota voting stunt

Minnesota prosecutors charged James O’Keefe and Cam Higby on Wednesday, October 28, with felony unlawful voting and identity theft over an undercover visit to Minneapolis polling places during the state’s August primary. Prosecutors allege the men used registered voters’ names while seeking ballots, raising a dispute over conduct the men say was meant to test election rules. Neither man cast a ballot.

What prosecutors allege happened at the polls

Hennepin County Attorney Mary Moriarty said the men gave election judges the names of voters registered in the relevant precincts without those voters’ knowledge or permission on August 11. She said Minnesota law prohibits intentionally misrepresenting one’s identity when applying for a ballot. The charges concern that alleged use of others’ identities, even though the men did not complete a vote.

How Minnesota’s vouching rule figures in the case

The men were testing Minnesota’s vouching process, under which a registered voter living in the same precinct can confirm the residence of up to eight other voters. NBC News reported that staff at residential facilities may also vouch for residents. The rule helps eligible people establish where they live; prosecutors say it does not permit an applicant to assume another registered voter’s identity.

Neither man signed the address oath required in the process, according to the Hennepin County Attorney’s Office as reported by BBC News. O’Keefe and Higby say their purpose was to expose weaknesses in the rules, not to vote illegally. Higby told the BBC he neither voted nor signed an affidavit. Their explanation does not change the conduct prosecutors allege, but it is central to their response to the charges.

What happens after the charges

ABC News reported that each charge carries a maximum of five years in prison and a $10,000 fine. Neither man was in custody, according to charging documents cited by ABC. NBC News reported that the two were expected to receive summonses to appear in court; a court date was not immediately clear.

Minnesota Secretary of State Steve Simon said attempts to deceive or disrupt election workers would not be tolerated. The charges remain allegations, and the question before the court is whether the men’s actions while applying for ballots violated state law.