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Minnesota: Two independent investigators posed as Muslims (one wearing a burqa) and showed how they could vote in elections without identification.

Poll workers allow one identified voter to vouch for the identity of up to eight others.

An undercover video recorded at Minneapolis polling places during Minnesota's August 11 primary has triggered a new dispute over the state's same-day voter-registration system after conservative activists James O'Keefe and Cam Higby claimed election workers showed how one registered voter could help as many as eight unregistered people qualify to vote without conventional proof of residence.

The central claim in the video is based on a real provision of Minnesota election law, but its implications require important qualification.

Minnesota allows an eligible voter to register at a polling place on election day.

One permitted way to establish residence is through another voter who is already registered in that precinct and personally knows that the new registrant lives there.

That registered voter signs an oath before an election judge and may provide this proof of residence for up to eight people on the same election day.

The procedure is known as vouching.

It is not simply a poll worker accepting a stranger's unsupported assurance, and it does not allow a person to legally bring eight arbitrary people from outside the precinct to vote.

The voucher must be a registered voter in the precinct, must personally know that each person being vouched for resides there and must make that declaration under oath.

Election officials are also required to track how many people each voter vouches for.

A person who was themselves registered on election day through another person's vouching cannot then vouch for additional voters that day.

Employees of qualifying residential facilities operate under separate provisions and may vouch for residents of those facilities without the ordinary eight-person limit.

O'Keefe and Higby visited several Minneapolis polling places while wearing clothing they presented as Muslim disguises and using concealed cameras.

Higby appeared in a face-covering garment and used an accent while discussing voter registration and vouching procedures with election workers.

Their published video includes workers explaining that a registered voter from the same precinct can vouch for as many as eight people.

In one exchange highlighted by the activists, a worker describes the registered voter as effectively serving as the proof needed for the residence requirement.

The activists portrayed those conversations as evidence that eight unregistered people could be brought to a polling station without identification and permitted to vote.

That description leaves out material parts of the process.

Vouching under Minnesota law specifically substitutes for proof of residence; it does not eliminate the registration process itself or the legal eligibility requirements for voting.

A same-day registrant must complete a voter-registration application, swear to the required information and satisfy Minnesota's voter-eligibility rules.

False statements and voter impersonation can carry criminal consequences.

The state's current statute is explicit about the eight-person limit.

A voter registered in the precinct may sign up to eight proof-of-residence oaths on an election day.

Each oath states that the voucher is registered in the precinct, personally knows that the applicant is a resident there and is making the statement under oath.

State administrative rules require election judges to record vouchers and track the number of people for whom each one signs.

The video became more controversial because Higby also tested whether polling workers would permit him to proceed while presenting himself as another registered voter.

Minnesota Secretary of State Steve Simon said members of the group falsely claimed to be registered Minnesota voters and described their conduct as unacceptable.

He said poll workers reported the encounters to local election officials and that law enforcement was reviewing what occurred.

Simon rejected the activists' interpretation that the encounters demonstrated a failure of Minnesota's election safeguards.

His office said the group had instead misunderstood or misrepresented laws that have existed in Minnesota in some form for decades.

The fact that election workers explained the vouching option therefore does not itself demonstrate misconduct: they were describing a procedure expressly authorized by state statute.

The episode nevertheless highlights an unusual feature of Minnesota's election system that is likely to remain politically contentious.

Unlike states that require a particular government-issued photo identification document at the polling place, Minnesota offers several methods for eligible residents to establish residence when registering on election day.

Vouching by another registered voter is one of those alternatives.

Supporters view the system as a way to prevent eligible citizens from losing their vote because they lack a particular document or have recently moved.

Critics argue that allowing one voter to attest to the residence of as many as eight other people relies heavily on sworn statements and creates an opportunity for abuse if participants are willing to commit fraud.

The legal safeguards are therefore important to understanding what the undercover footage does and does not establish.

The eight-person rule is real.

A registered voter can legally vouch for the residence of up to eight eligible people in the same precinct.

But the available evidence does not establish that election workers knowingly agreed to permit eight ineligible people, nonresidents or impersonators to cast ballots.

Vouching establishes residence for registration purposes; it does not make an otherwise ineligible person eligible to vote.

The incident has now moved beyond an argument over election procedure because state officials say the activists themselves may have crossed legal boundaries while testing the system.

Poll workers reported their encounters, and law enforcement is reviewing the conduct surrounding the attempted voter impersonation.

The immediate factual divide is therefore narrower than the viral claims suggest: Minnesota deliberately permits same-day registration through sworn residence vouching, including up to eight registrants per qualified voucher, while falsely claiming another person's identity or residence remains outside that lawful process.


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