ANCHORAGE, Alaska — The Alaska Court of Appeals is currently deliberating on whether to dismiss felony voter misconduct charges against Tupe Smith, a resident born in American Samoa. This case has shed light on the often-misunderstood citizenship status of individuals from U.S. territories, particularly American Samoa, where residents are classified as U.S. nationals rather than citizens.
During the court arguments held on Thursday, Smith's attorneys made the case for reversing the lower court's decision, which upheld the indictment. Smith and her supporters contend that her mistake in claiming U.S. citizenship on voter registration forms was innocent and not deserving of criminal charges. In contrast, state prosecutors argue that Smith knowingly misrepresented her citizenship status.
In addition to Smith, similar charges have been filed against ten other individuals from American Samoa in Whittier, Alaska, including her husband and mother-in-law. American Samoan residents can serve in the military, obtain U.S. passports, and vote in local elections, yet they lack the right to participate in most U.S. elections, underscoring a unique aspect of their legal status.
Smith was arrested after successfully winning a seat on a local school board in 2023. She claimed in her defense that she followed guidance from local election officials when completing her voter registration forms, incorrectly designating herself as a U.S. citizen.
In a previous court filing, legal representatives noted that Smith acknowledged her inability to vote in presidential elections but lacked awareness of other voting restrictions applicable to her status as a U.S. national. On voter registration forms lacking an option for U.S. nationals, she was advised that indicating U.S. citizenship was permissible.
Her legal team argues that Smith believed she was exercising her right to vote and that her actions were based on erroneous information rather than deceit. However, state prosecutors maintain that the issue revolves around whether she intentionally misrepresented her citizenship, citing the voter application form's explicit instructions regarding eligibility.
Smith's legal counsel warns that if the appeals court affirms the indictment, it might set a concerning precedent for penalizing alleged voter fraud in Alaska, potentially making it the only state with such stringent legal implications for similar cases.
