Alaska prosecutors are dropping voter misconduct cases against a group of residents born in American Samoa after a state appeals court ruled that the state must prove defendants intended to break the law. The Alaska Department of Law announced the decision, concluding a legal battle that began after several residents erroneously checked a box indicating they were U.S. citizens on voter registration forms.
Appeals Court Ruling Protects Honest Mistakes on Voter Forms
The state’s Department of Law announced the dismissal of charges on Friday following a ruling by a three-judge Alaska Court of Appeals panel, according to reporting by the Associated Press. The panel overturned a lower court’s decision and threw out felony charges against Tupe Smith, a resident of Whittier, Alaska, who was charged after checking the U.S. citizen box on voter forms. The appellate court found that state law requires proof that defendants had a “consciousness of wrongdoing” and intended to violate the law rather than simply submitting a false statement due to an honest mistake.
The court panel also identified flaws in the grand jury process and in a state trooper’s questioning of Smith. Acting Alaska Attorney General Cori Mills stated that prosecutors reviewed the decision and determined they could no longer prove the cases against Smith and other defendants beyond a reasonable doubt. Whitney Brown, an attorney representing Smith, told the Associated Press that the ruling establishes a crucial safeguard against imposing felony liability for honest mistakes.
Prosecution of Whittier Residents Questioned
The dismissed cases involve 11 residents from Whittier, a small community located about 50 miles southeast of Anchorage, who were accused of falsely claiming citizenship while registering or voting. Neil Weare, co-director of the nonprofit Right to Democracy and part of the legal team representing Smith and her husband Michael Pese—who also faced charges—told the Associated Press that the decision raises questions about why the state brought the prosecutions forward initially.
American Samoa is unique as the only U.S. territory where individuals born on local soil are classified as U.S. nationals rather than automatic U.S. citizens. While American Samoans can hold U.S. passports, serve in the military, and vote locally, they cannot hold public office in the United States or participate in most U.S. elections without undergoing a naturalization process.
Origins of the Whittier Voter Misconduct Cases
Tupe Smith’s legal challenges began after she won election to a regional school board in 2023. Court papers show that Smith, whose native language is not English, relied on erroneous information from city representatives in Whittier who advised her to mark herself as a U.S. citizen because voter registration forms lacked an option for U.S. nationals. Although prosecutors pointed to warnings on forms from 2020 and 2022 stating noncitizens are ineligible to vote, the appellate court noted that police interview techniques improperly implied Smith knowingly broke the law.
With the Department of Law dropping the remaining pending cases against the Whittier residents, prosecutors have closed the enforcement actions tied to the disputed registration forms.
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