ANCHORAGE, Alaska — An Alaska state appeals court is currently deliberating over whether to dismiss felony voter misconduct charges against Tupe Smith, an American Samoan resident. This case is part of a broader examination of the complex citizenship statuses of individuals born in U.S. territories, particularly American Samoa, where residents are classified as U.S. nationals and not automatically granted citizenship.
During a hearing on Thursday, Smith's attorneys argued for the reversal of a lower court's decision that upheld the indictment against her. They assert that Smith made an honest mistake, based on guidance from local election officials, rather than any intent to deceive. Conversely, state prosecutors contend that Smith deliberately misrepresented her citizenship status.
In addition to Smith, authorities have charged ten other American Samoans in the small community of Whittier, including her husband and mother-in-law. The allegations have intensified scrutiny over the voting rights of American Samoans, who are eligible to serve in the military and obtain U.S. passports, yet face restrictions when it comes to participating in most federal elections.
Smith claims she identified as a U.S. citizen on voter registration forms due to incorrect advice from officials and a lack of a category for U.S. nationals, as she typically identifies herself as such on official paperwork.
This controversial case raises critical questions about voter eligibility, state laws regarding citizenship, and whether Alaska's approach to prosecuting perceived voter fraud reflects a growing trend towards stricter voting laws. As Smith’s case develops, it highlights the need for clarifying the voting rights of U.S. nationals, particularly as confusion and mismatched advice from election officials contribute to such misunderstandings.
Smith argues that she sincerely believed she could vote in local elections, demonstrating her expectation based on advice received from the City of Whittier election officials. If charges against her remain, Alaska may stand as the only state enforcing such stringent interpretations of voter registration laws against individuals with genuine questions regarding their citizenship status.
The outcome of this case will likely have significant implications for voting rights advocates and could influence future legislation regarding citizenship and voting eligibility in U.S. territories.
