Alaska prosecutors are dropping voter misconduct cases against a group of residents born in American Samoa, following a state appeals court ruling that threw out felony charges against a woman who mistakenly checked a box indicating she was a U.S. citizen on registration forms, according to The Guardian.
Alaska Drops Voter Misconduct Cases Against American Samoans
The Alaska Department of Law announced the decision after a three-judge court of appeals panel ruled that state law requires proof that defendants who erroneously filled out voter registration forms had a consciousness of wrongdoing
and intended to break the law, as reported by Alaska Story. Acting Attorney General Cori Mills stated that prosecutors reviewed the decision and concluded they could not prove the cases against the remaining defendants beyond a reasonable doubt.
Court Rulings and Grand Jury Flaws
The appellate panel identified flaws in a state trooper’s questioning of Tupe Smith, the woman involved in the initial case, and in the grand jury process that led to her indictment. The court overturned a lower court’s decision that had kept the charges alive. According to the opinion in Tupe Smith v. State of Alaska, the grand jury received an incorrect explanation of what prosecutors needed to prove under Alaska law, which defines first-degree voter misconduct as intentionally making a false affidavit or affirmation.
The appeals court also found problems with how Smith’s police interview was presented. Rather than playing the recording, a trooper summarized it from memory and testified that Smith acknowledged she probably knew she should not have voted. The court noted that the characterization did not accurately reflect the interview, which involved a lengthy and complex statement containing multiple questions directed at Smith, whose native language is not English.
Background on American Samoan Status and Whittier Charges
American Samoa is the only U.S. territory where residents are not automatically granted citizenship by birth and are instead considered U.S. nationals. While American Samoans can serve in the military, obtain U.S. passports, and vote in territorial elections, they cannot hold public office in the U.S. or participate in most U.S. elections.
In all, 11 people from Whittier—a small community located southeast of Anchorage—were charged with falsely claiming U.S. citizenship when registering or trying to vote. Smith was arrested after winning election to a regional school board in October 2023. She stated she relied on erroneous information from city representatives and election officials in Whittier, who told her it was appropriate to mark herself as a citizen because voter registration forms lacked an option for U.S. nationals.
Legal Defense and Future Implications
Whitney Brown, a lawyer representing Smith, heralded the court of appeals decision, stating that it establishes an important safeguard against imposing felony liability for an honest mistake and allows the community to put the ordeal behind them. Neil Weare, co-director of the nonprofit Right to Democracy and part of the legal team representing Smith and her husband Michael Pese—who was also charged—said the decision raises questions about why the prosecution was brought when there was no evidence of a consciousness of wrongdoing.
The appellate ruling does not make U.S. nationals eligible to vote in Alaska, nor does it prevent the state from prosecuting deliberate voter fraud. However, it establishes that prosecutors must prove criminal intent rather than simply demonstrating that a registration document contained inaccurate information.
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