A would-be voter in Minnesota lacking proof of their address could register to vote on election day with identity documentation plus a registered precinct resident who, under penalty of perjury, vouched for that individual’s residence.
However, according to local authorities and two legal experts, state law did not permit registration with no ID and only a resident vouching on the person’s behalf, as suggested in an undercover video featuring political activist James O’Keefe.
The video shows the group leaving each site after asking the question without attempting to complete a registration.
The office of Minnesota Secretary of State Steve Simon responded to the video in an August 14 statement, saying it was “heavily edited” and showed ignorance about how Minnesota’s election laws work.
O’Keefe Media Group did not respond to a Reuters request for comment.
REGISTRATION REQUIREMENTS
Vouching can only be used to provide proof of a potential voter’s residence in the precinct, the secretary of state’s statement said. The prospective voter must still provide their Minnesota driver’s license or ID card number or the last four digits of their social security number for identity verification, it adds.
Minnesota Statute 201.061, subdivision 3, which governs vouching and election-day voter registration in the state, spells out the conditions for a registered voter in the precinct to vouch for up to eight voters, who cannot then vouch for others. A staffer of a residential facility such as a nursing home can vouch for all eligible voters living in the facility.
The video is misleading, said David Schultz, professor of political science and legal studies at Hamline University, in that it “creates the impression that widespread vouching is occurring, that it is producing voter fraud, and that people can somehow ‘daisy chain’ the registration of ineligible voters.”
Vouching does not eliminate the other legal requirements for registering and voting, Schultz said in an email, adding that Minnesota had allowed vouching for nearly 50 years, with no credible evidence that the practice had produced widespread voter fraud.
VOUCHER’S OATH
The video says there is no record of who vouched for a newly registered voter, or of the voter, however, that is not true.
One common criticism of the vouching process is that if someone who registers improperly through vouching is caught, their vote cannot be recalled. This is addressed on the secretary of state’s website, which says use of vouching is very rare, implying it is unlikely to affect election outcomes. In the 2024 general election, less than 0.6% of votes cast used the vouching process, the site says, and around 71% of these voters were already registered to vote but needed to update their name or address in their voter record.
A spokesperson for the City of Minneapolis told Reuters by email that the city followed all state and federal election laws to ensure only eligible voters cast ballots.
VERDICT
Misleading. Registered voters in Minnesota can vouch for the residence of others in their precinct but the potential voter still needs to meet all the other requirements for voter registration according to state law.
This article was produced by the Reuters Fact Check team. Read more about our fact-checking work.
