Alaska dismisses felony voter-misconduct cases involving American Samoan residents

Alaska’s Department of Law announced it will no longer pursue felony voter-misconduct prosecutions against a group of American Samoan-born residents after the state Court of Appeals invalidated the charges against Tupe Smith. The appellate panel ruled that Alaska law demands proof of a “consciousness of wrongdoing,” and it identified flaws in the trooper’s questioning and the grand-jury indictment. Acting Attorney General Cori Mills stated that, given the court’s ruling, the state cannot prove the cases beyond a reasonable doubt, affecting Smith, her husband Michael Pese, and nine others from Whittier.

Smith had previously been elected to a regional school board and claimed she was advised to mark “U.S. citizen” because the form lacked a “U.S. national” option. The controversy highlights the unique citizenship status of American Samoans, who are U.S. nationals but not automatically citizens. The dismissed charges underscore the legal safeguards against penalizing honest mistakes in voter registration.