James O'Keefe and Cam Higby, 2 right-wing provocateurs, facing election-related charges in Minnesota

James O'Keefe and Cam Higby face charges after posting undercover videos.

Two right-wing provocateurs, James O'Keefe and Cam Higby, are facing election-related charges in Minnesota after posting videos of an undercover stunt intended to expose alleged deficiencies in election security. 

Hennepin County Attorney Mary Moriarty said each man faces a count of unlawful voting and identity theft. 

"Elections are the bedrock of democracy and their protection is one of our highest priorities," Moriarty said in a statement. "Individuals engaging in unlawful conduct related to our elections will be held accountable." 

O'Keefe, a self-proclaimed "guerilla journalist" infamous for his undercover videos, and Higby, a social media influencer, posted the video at the heart of the charges in August. It shows the two men approaching election judges at multiple voting precincts in Minneapolis wearing burqas, speaking in fake accents, and allegedly misrepresenting their identities, in an effort to expose what O'Keefe and Higby say are gaps in the rules that allow residents to vouch for the identity of other voters. 

The video, which remains pinned on Higby's X account, is called "I Wore Burqa To EXPOSE Election FRAUD In Minneapolis." 

No ballots were cast in the course of their efforts.

Prosecutors said Wednesday that O'Keefe and Higby deceived the election judges by using the identities of real Minnesota voters "without those voters' knowledge or permission" in violation of state law. Each count carries up to five years in prison and a fine of up to $10,000. Neither man is in custody, according to charging documents. 

In a statement, O'Keefe called the charges "weaponized lawfare" and defended his undercover video as journalism protected by the Constitution. He vowed to fight the charges. 

"This is not political," he said. "It is fundamental. It is about whether citizens still have the right to question their government." 

In a post shared on X, Higby said, "No laws were broken. They want me in PRISON for exposing election vulnerabilities in their state." O'Keefe did not immediately respond to a request for comment. 

Steve Simon, the state's top election official, said in a statement that "any attempt to disrupt or deceive our election workers will not be tolerated." 

The charges announced Wednesday in Minnesota are not O'Keefe's first brush with the law. In 2010, O'Keefe pleaded guilty in Louisiana to a misdemeanor charge of entering a federal property under false pretenses after he posed as a telephone repairman to gain access to a U.S. senator's New Orleans office.