ANCHORAGE, Alaska — The Alaska Court of Appeals will hear an appeal from Tupe Smith, a resident born in American Samoa, who faces felony voter misconduct charges for allegedly claiming U.S. citizenship during voter registration. Her attorney argues that Smith made a genuine mistake based on misleading information from local election officials.
Smith, who was arrested after successfully winning a position on a regional school board in 2023, is joined by a group of fellow American Samoans who have faced similar charges. American Samoa is distinct as it is the only U.S. territory where individuals do not automatically receive citizenship by birth.
While American Samoans can serve in the military, obtain U.S. passports, and vote in local elections, they are barred from holding elective office in the U.S. and participating in most federal elections. This case has brought renewed attention to the citizenship disparity faced by residents of American Samoa.
According to Smith's attorneys, she identified herself on voter registration forms based on the incorrect guidance she received, which allegedly suggested that she could register as a U.S. citizen despite the legal complexities. In court filings, Smith asserted she marked herself as a U.S. national on paperwork but was advised by city representatives to claim citizenship when there was no option for her true status.
The state counters that Smith's actions were intentional, as evidenced by the language of the voter registration forms, which cautioned against misrepresentation regarding citizenship status. Should the appeals court uphold the indictment, Alaska would set a troubling precedent for voter fraud definitions based on lesser thresholds.
This legal battle is expected to continue to unravel questions about voter rights and the treatment of American Samoans under U.S. law.
