A state appeals court is currently deliberating over whether to dismiss felony voter misconduct charges against Tupe Smith, an Alaska resident born in American Samoa. This case is among several that have attracted attention due to the nuanced citizenship status of individuals born in American Samoa, as they are classified as U.S. nationals rather than automatic citizens.
During arguments presented last week, Smith's attorneys have sought to overturn a lower court decision that endorsed the indictment against her. Supporters of Smith assert that she committed an innocent mistake, while the prosecution claims she knowingly misrepresented her citizenship status.
A total of ten individuals from American Samoa, residing in the Alaska community of Whittier, including Smith’s husband and mother-in-law, have also been charged. It is important to note that residents of American Samoa, unlike their U.S. counterparts, do not gain automatic U.S. citizenship by birth. However, they are able to serve in the military, acquire U.S. passports, and vote in local elections within their territory but cannot participate in most U.S. elections.
After her arrest following her election to a school board in 2023, Smith contended that misinformation from local election officials prompted her to declare herself a U.S. citizen on voter registration forms. Legal documents from 2024 indicate that when questioned by authorities, she claimed to know about her inability to vote in presidential elections but was unaware of further voting restrictions.
Smith stated that she marks herself as a U.S. national on various forms; however, contemplating the absence of that option on voter registration, she was advised by city officials to identify as a U.S. citizen instead. She argues that she acted under the impression that she was exercising her rights and believed that as a U.S. national, she was entitled to vote in local elections.
In September, her legal representatives declared, She did so without any intent to mislead or deceive anyone. Her belief that U.S. nationals may vote in local elections, which was supported by advice from City of Whittier election officials, was simply mistaken.
The prosecution has contended that the allegations against Smith reflect not on her belief regarding voting rights but on whether she intentionally and falsely asserted her citizenship. The appeal court will hear arguments to see if these charges hold any merit, with implications that could position Alaska uniquely with regard to felony voter fraud standards.
During arguments presented last week, Smith's attorneys have sought to overturn a lower court decision that endorsed the indictment against her. Supporters of Smith assert that she committed an innocent mistake, while the prosecution claims she knowingly misrepresented her citizenship status.
A total of ten individuals from American Samoa, residing in the Alaska community of Whittier, including Smith’s husband and mother-in-law, have also been charged. It is important to note that residents of American Samoa, unlike their U.S. counterparts, do not gain automatic U.S. citizenship by birth. However, they are able to serve in the military, acquire U.S. passports, and vote in local elections within their territory but cannot participate in most U.S. elections.
After her arrest following her election to a school board in 2023, Smith contended that misinformation from local election officials prompted her to declare herself a U.S. citizen on voter registration forms. Legal documents from 2024 indicate that when questioned by authorities, she claimed to know about her inability to vote in presidential elections but was unaware of further voting restrictions.
Smith stated that she marks herself as a U.S. national on various forms; however, contemplating the absence of that option on voter registration, she was advised by city officials to identify as a U.S. citizen instead. She argues that she acted under the impression that she was exercising her rights and believed that as a U.S. national, she was entitled to vote in local elections.
In September, her legal representatives declared, She did so without any intent to mislead or deceive anyone. Her belief that U.S. nationals may vote in local elections, which was supported by advice from City of Whittier election officials, was simply mistaken.
The prosecution has contended that the allegations against Smith reflect not on her belief regarding voting rights but on whether she intentionally and falsely asserted her citizenship. The appeal court will hear arguments to see if these charges hold any merit, with implications that could position Alaska uniquely with regard to felony voter fraud standards.
