Published: October 28th 2026.
MINNEAPOLIS, MN: Conservative influencer James O’Keefe has been charged with two felonies in Hennepin County following an investigation into allegations that he and others used the identities of registered Minnesota voters while visiting Minneapolis polling places during the August 11th, 2026, primary election.
According to the criminal complaint, O’Keefe and Cameron Higby were among a group of individuals who entered multiple polling locations while wearing disguises, concealing their identities and recording interactions with election officials using hidden cameras. Investigators allege the group used the names of registered voters to test Minnesota's election procedures, including identification requirements and the process for vouching for another voter.
O’Keefe faces one felony count of identity theft and one felony count of unlawful voting involving misrepresentation of identity. Each charge carries a maximum statutory penalty of five years in prison, a $10,000 fine, or both.
According to the complaint, the incidents occurred during Minnesota's August 11 primary election, when polling locations across the state were conducting elections for federal, state and county offices.
Prosecutors allege that O’Keefe, Higby and other individuals entered several Minneapolis polling locations under false pretenses. The group reportedly wore costumes, altered their voices and used concealed recording equipment during their interactions with election judges. Videos of the encounters were subsequently published online.
At the Ward 2, Precinct 5 polling location inside Pratt Community School, investigators allege O’Keefe approached an election judge responsible for processing registered voters and provided the name of another individual registered to vote in that precinct.
According to the complaint, O’Keefe also confirmed the registered voter's date of birth before asking election officials questions about Minnesota's voter-vouching process.
Investigators subsequently interviewed the registered voter, who reportedly stated that O’Keefe had not been given permission to use his identity.
A separate incident allegedly occurred at Twin Cities International School, which served as the Ward 3, Precinct 5 polling location.
The complaint states that O’Keefe and Higby entered the polling place with other individuals before O’Keefe approached an election judge and provided the name of another registered voter.
According to prosecutors, the election judge accepted the information as identifying a registered voter and confirmed the person's registration status. O’Keefe then asked questions about the vouching process. Investigators said the encounter was recorded in videos produced by both O’Keefe and Higby.
The complaint also alleges that O’Keefe intentionally aided and abetted Higby during separate incidents at two additional polling locations in northeast Minneapolis.
At Ward 1, Precinct 1, located at 416 35th Avenue Northeast, Higby allegedly entered the polling place wearing a disguise and provided election officials with the name and address of a registered voter.
Prosecutors allege that Higby was permitted to begin the ballot application process using that information but did not complete the process after declining to sign the required paperwork.
At Waite Park Recreation Center, which served as Ward 1, Precinct 5, Higby allegedly provided election officials with another registered voter's identity while accompanied by two other individuals.
According to the complaint, Higby also attempted to begin the process of vouching for another person but stopped before taking the required oath.
Election officials later reported that neither Higby nor the accompanying individual voted at that location.
Investigators also reviewed videos published online in which Higby discussed the encounters and criticized Minnesota's election procedures, particularly the absence of a general requirement that registered voters present photo identification at the polls.
The complaint states that Minnesota election officials confirmed that applying for a ballot begins when a person approaches an election judge and provides identifying information, including a name and address.
Under Minnesota Statute 204C.14, subdivision 1(a), individuals are prohibited from intentionally misrepresenting their identities when applying for a ballot, depositing a ballot or attempting to vote through an electronic voting system.
Prosecutors allege that O’Keefe violated the statute by providing the identities of registered voters during the ballot application process at two polling locations.
The identity theft charge, filed under Minnesota Statute 609.527, is based on allegations that O’Keefe used other individuals' identifying information with the intent to commit or facilitate unlawful activity.
Both charges also reference Minnesota's aiding-and-abetting statute, which allows criminal liability for individuals who intentionally assist another person in committing an offense.
The complaint does not establish that O’Keefe successfully cast a ballot under another person's identity. The allegations instead focus on the use of false identities during the ballot application process and his alleged participation in the other polling-place incidents.
The complaint identifies O’Keefe as not being in custody at the time of filing.
O’Keefe is presumed innocent unless and until proven guilty in a court of law.