HENNEPIN COUNTY, MINNESOTA — Prosecutors have charged Cam Higby and James O’Keefe with felony unlawful voting and identity theft following an undercover video recorded during Minnesota’s August primary. The Hennepin County Attorney’s Office announced the charges Wednesday, October 28, 2026. It identified the defendants as James Edward O’Keefe, 42, and Cam Higby, 26. Prosecutors allege the two men used registered voters’ identities without permission while speaking with election judges at Hennepin County polling places during the August 11 primary. The county says neither signed the oath, but alleges they misrepresented their identities while applying for ballots. FOX 9 reported that the charging allegations involve four precincts and four voters’ identities. In one interaction, Higby allegedly provided a name and address matching a registered voter; the video’s narration acknowledged he was not that person, according to the report. The dispute over applying for a ballot Minnesota Statutes section 204C.14 prohibits intentionally misrepresenting one’s identity when applying for a ballot, depositing a ballot or attempting to vote through a voting machine or electronic system. County Attorney Mary Moriarty said the application process has multiple steps and argued that giving election judges another voter’s identity was part of that process. The charges are allegations, and both men are presumed innocent unless proven guilty. Higby disputes that he broke the law. In a statement reported by FOX 9, he said the investigation was intended to expose vulnerabilities in Minnesota’s voting system and said he neither voted nor signed an affidavit. His position is that the video tested the system rather than committed fraud. How vouching works Vouching is a method of proving residence for same-day voter registration. A voter registered in the same precinct may sign an oath confirming personal knowledge that another voter lives there. A registered voter may generally vouch for up to eight people. The Secretary of State’s office says the process was used for less than 0.6% of votes cast in the 2024 general election. Its election-facts guidance describes identity-verification requirements and post-election checks; vouching does not remove voter-eligibility requirements. What happens next Moriarty told FOX 9 she expected the offenses to fall under presumptive probation in Minnesota’s sentencing guidelines if there are convictions, while noting local jail time could be possible. That was her assessment, not a sentence or court ruling. The county lists O’Keefe’s case as 27-CR-26-28438 and Higby’s as 27-CR-26-28437. Image: Video still supplied by the reader.