Alaska drops voter misconduct cases against American Samoans who checked ‘U.S. Citizen’ box, tell me about this news in (https://www.fox5atlanta.com/news/alaska-drops-voter-misconduct-american-samoans)
14-09-2026
Here is an overview of the news report:What HappenedAlaska state prosecutors dismissed felony voter misconduct charges against 11 residents originally from American Samoa living in Whittier, Alaska. The charges stemmed from allegations that they falsely checked the “U.S. Citizen” box on voter registration forms or when attempting to vote.Key Background on American SamoaAmerican Samoa is the only U.S. territory whose residents are classified as “U.S. nationals” rather than automatic U.S. citizens by birth. While U.S. nationals can carry U.S. passports and serve in the military, federal and state laws generally prohibit them from voting in state or federal elections unless they undergo the process of naturalization to become full citizens.The Appeals Court DecisionThe dismissal followed an Alaska Court of Appeals ruling overturning felony charges against Tupe Smith, who had been arrested after winning an election to a local school board in 2023.The three-judge panel established several critical points:
- Requirement of Criminal Intent: Under Alaska law, proving voter misconduct requires showing that a defendant had a “consciousness of wrongdoing”meaning they acted with deliberate intent to break the law, rather than making an honest mistake.
- Flawed Investigation: The court identified flaws in the state trooper’s interrogation of Smith (whose first language is not English), noting that officers used a confusing, multi-part leading question that assumed she knew she was ineligible, which led to her answering “Yes.”
- Reliance on Local Officials: Smith and other defendants stated that because registration forms lacked a “U.S. national” option, local municipal election representatives in Whittier had advised them that checking the citizen box was acceptable.