ANCHORAGE, Alaska — Tupe Smith, a resident born in American Samoa, is seeking to have felony voter misconduct charges dismissed by the Alaska Court of Appeals. Smith's case has attracted attention to the complicated citizenship status of individuals from U.S. territories like American Samoa, where residents are designated as U.S. nationals rather than automatically receiving citizenship at birth.
In a recent hearing, Smith's defense argued that she made an innocent error while registering to vote, mistakenly marking herself as a U.S. citizen based on guidance from local election officials. In contrast, the state claims that Smith deliberately misrepresented her citizenship status.
This situation is not isolated; Smith is among eleven others from American Samoa facing similar charges in Alaska, including family members. This legal predicament underscores a broader issue regarding the voting rights of American Samoans, who, while able to vote in local elections and to serve in the military, lack full participation in U.S. elections.
Smith's arrest followed her election to a school board in 2023, a position she secured under the belief that her status allowed her to vote in local elections. She expressed confusion over her eligibility, referencing misinformation from officials.
In previous court documents, one of her attorneys noted that during her arrest, she acknowledged her inability to vote in presidential elections but was unclear about her voting rights in other contexts.
As her legal team prepares stronger arguments for her case, the implications extend beyond Smith, potentially setting a precedent for how voting rights are interpreted for U.S. nationals and affecting the political landscape in Alaska.
“If this indictment stands, we would be setting an extraordinarily low threshold for felony voter fraud,” remarked Neil Weare, one of Smith's attorneys.
The unfolding case raises critical questions about citizenship, voting rights, and the responsibilities of election officials in guiding residents with complex legal statuses.
