Hennepin County Charges O'Keefe and Higby With Felony Identity Theft Over Primary Election Stunt

Key points

• Hennepin County Attorney Mary Moriarty announced felony charges against O'Keefe and Higby for misrepresenting identities to election judges.
• The charges include unlawful voting and identity theft, stemming from videos posted during the August 11 primary election.
• O'Keefe and Higby used the name of a real registered voter, William Pomeranz, without his knowledge or consent.
• The group, calling itself the 'Justice League,' claimed they were testing the limits of Minnesota's vouching law, not attempting to vote.
• Secretary of State Steve Simon stated that poll workers followed the law correctly and that the stunt revealed the group's ignorance of election procedures.

Background

This incident follows previous scrutiny of Minnesota's vouching law, which allows registered voters to vouch for up to eight unregistered voters in their precinct. In January 2026, the U.S. Department of Justice demanded records related to the vouching system, claiming it was inconsistent with federal law, but no action was taken. The current charges are distinct from earlier federal inquiries, focusing on criminal misrepresentation rather than the legality of the vouching system itself.

How outlets are covering it

MPR News and CBS News emphasize the criminal nature of the charges, highlighting that O'Keefe and Higby used the names of real voters, including one who was deceased, without consent. 5 EYEWITNESS NEWS notes the group's defense that they did not impersonate anyone but merely stated a name to ask questions. O'Keefe's group claims the videos were intended to test the vouching law, while Secretary of State Steve Simon argues the stunt was designed to cast doubt on election integrity. Cam Higby has labeled the charges as 'lawfare' and an attempt to silence independent journalists.

Why it matters

The charges highlight ongoing tensions over election integrity and the boundaries of political activism. They raise questions about the legality of testing election laws through public stunts and the potential for such actions to undermine public confidence in voting systems. The case also underscores the importance of accurate voter identification and the consequences of misrepresenting one's identity in the voting process.

What to watch

O'Keefe and Higby are expected to appear in court, though no specific date has been announced. The case may lead to further legal challenges regarding the scope of political activism and the enforcement of election laws. Public debate over Minnesota's vouching law may continue, with potential implications for future elections and voter registration processes.