Advertisement

Hennepin County Attorney Mary Moriarty announced felony charges against James O’Keefe and Cam Higby after their Minneapolis polling-place demonstration focused on Minnesota’s voter-vouching rules.

Moriarty is described in the report as Soros-backed. The charges followed an August operation in which O’Keefe wore a thobe and Higby wore a black burka while entering polling stations across Minneapolis. Their stated goal was to see how the system worked in practice and how far election workers would allow the vouching process to go. Apparently, asking uncomfortable questions about election procedures can now come with a potential prison sentence.

Advertisement

O’Keefe explained the rule this way: “Under Minnesota’s Statutes § 201.061, a registered voter can sign an affidavit affirming that they know another individual resides in the same precinct, allowing that person to register at the polls without presenting standard proof of residence. One registered voter can vouch for up to eight people,” O’Keefe said.

He also explained why the pair conducted the demonstration. “We wanted to find out what this actually looks like inside a polling place and how far election workers would let us take it,” he said.

The exchange with poll workers, as presented in the report, was remarkably direct. O’Keefe asked, “I have a question about the vouching program, yeah? Vouching? I can vouch for them but they are not registered,” and workers responded, “Yeah, that’s fine.” He then asked, “Ahhh good. Can I bring five more,” and a worker answered, “Up to eight people.”

Advertisement

O’Keefe followed up, “Up to eight? Okay, that’s a good thing,” while another election worker explained, “If you’re all in the same precinct and you are already registered, you can vouch for them as ID. Eight people.” The worker then told him, “You’re the ID,” prompting O’Keefe to reply, “I am the ID!”

That exchange is at the center of the dispute. The report says the workers confirmed that a registered voter in the same precinct could vouch for up to eight people who were not registered and did not present standard identification. Whether someone likes O’Keefe’s theatrical approach or not, election rules that rely on one person to vouch for multiple voters are going to attract scrutiny. Public confidence is not strengthened by demanding blind trust and treating every question as an attack.

O’Keefe’s original post about the demonstration is available here:

Advertisement

On Wednesday, Moriarty announced two felony charges against each man, unlawful voting and identity theft. The report states that they face a maximum of five years in prison for each felony. Moriarty said, “James Edward O’Keefe, 42, and Cam Higby, 26, both face felony charges of unlawful voting and identity theft.”

Moriarty also said, “Polling places are the heart of our democracy. Any attempt to disrupt or deceive our election workers will not be tolerated.” Her statement about the charges is posted below:

Higby rejected the allegations and argued that the demonstration exposed vulnerabilities rather than committed crimes. “Minnesota has filed TWO FELONY CHARGES AGAINST ME related to my Burqa video in the state,” Higby said. “No laws were broken. They want me in PRISON for exposing election vulnerabilities in their state. Support me below if you can. Thank you all,” he said.

Higby’s response and fundraiser post are available here:

The case now turns a highly visible demonstration of Minnesota’s voter-vouching system into a felony prosecution. Moriarty says the men disrupted and deceived election workers. Higby says the charges are retaliation for exposing a weakness in the state’s election procedures. The competing claims will now be tested in court, where the meaning of the demonstration will matter far more than the costumes.