Apparently, James O’Keefe’s latest illegal stunt ended up being more illegal than he intended it to be. He only intended to commit voter fraud to demonstrate that voter fraud could be committed, but because he chose to impersonate a living voter and misrepresented himself as that person, he may have:
(a) Pose[d] as another person with the purpose to defraud in order to obtain money, credit, goods, services, or anything else of value;
(b) Obtain[ed] or record[ed] personal identifying information about another person without the express authorization of such person, with the intent to pose as such person;
For those who’d prefer not to watch the tape, O’Keefe’s undercover agent attempted to (a) pose as another person to acquire something of value (Robert William Beaulieu’s franchise), and (b) acquire information (Beaulieu’s address) in order to pose as him. I’m not a lawyer, but it would seem that the only ways O’Keefe avoids being charged with identity theft in the state of New Hampshire is to claim that the right of suffrage has no value — and good luck with that one — or that he never intended to pose as Beaulieu in a voting booth, which he can prove by pointing to the fact that his cameraman walked out before actually voting. More significant, to my mind, is that O’Keefe seems to have sharpened his focus: before, he went after voter registration fraud and called it voter fraud, when in truth there was no fraudulent behavior involved. (You can register as “Donald Duck,” but you can’t vote as him.) Now, he realizes that it’s not the registration that’s the “issue” — such as it is one — and is attempting to commit actual Class-A-felony-type voting fraud.
I console myself with the knowledge that should he manage to do that, he’ll be convicted by evidence from his own camera.