Elections
Alaska drops voter misconduct charges against American Samoans over citizenship box error
PN Team • 2 months ago
Alaska's Department of Law has formally dropped voter misconduct cases against a group of residents born in American Samoa, following a state Court of Appeals ruling that threw out felony charges against Tupe Smith, a Whittier woman who mistakenly checked a "U.S. citizen" box on voter registration forms. The three-judge panel found state law requires proof defendants acted with a "consciousness of wrongdoing," citing flaws in a state trooper's interrogation of Smith and in the grand jury process behind her indictment.
Acting Attorney General Cori Mills said prosecutors could not prove the cases against Smith, her husband Michael Pese, and others beyond a reasonable doubt. In total, 11 people from Whittier, near Anchorage, had faced charges of falsely claiming citizenship when registering or voting. Smith's attorneys say the ruling establishes an important safeguard against felony liability for honest mistakes, while a member of her legal team questioned why the prosecutions were brought at all. American Samoa remains the only U.S. territory where residents are born U.S. nationals rather than citizens, a status permitting military service and passports but barring voting in most U.S. elections.
Sources:
Sentiment
- Alaska Alaska's Department of Law is portrayed as correcting a legal overreach by dropping the charges, a modestly favorable outcome for the state.
- United States The U.S. is tangentially referenced through the discussion of nationality and citizenship law, without strong reputational framing.
- Anchorage, Alaska Anchorage is referenced only as a geographic reference point near Whittier, with no direct reputational implication.