Alaska Court of Appeals dismisses voter misconduct indictment against Am Samoan woman

The Alaska Court of Appeals has issued a unanimous ruling dismissing a voter misconduct indictment against Tupe Smith, an American Samoan woman residing in Whittier, Alaska. The decision reverses a previous ruling by the Alaska Superior Court.

Smith was arrested on voter misconduct charges in 2023, shortly after being elected to a local school board. The case centered on Smith’s voter registration, where she had marked herself as a U.S. citizen after being instructed by local election officials to do so because no option for U.S. national was available on the form.

In its opinion, the Court of Appeals stated that to secure a conviction for voter misconduct, the state must prove the defendant acted with a consciousness of wrongdoing when making a sworn statement. The court noted that Smith was confused about her status and eligibility to vote, and that Alaska law has at times treated U.S. nationals as U.S. citizens. The ruling established that Smith would not be criminally liable if she did not realize that checking the citizen box was incorrect, particularly given the instructions she received from election officials.

Following the decision, Smith expressed relief but voiced concern regarding the ongoing prosecution of other members of the American Samoan community in Whittier. Her legal team, which includes Neil Weare of Right to Democracy, Whitney Brown of Stoel Rives, and attorney Charles Ala’ilima, welcomed the ruling. They argued that confusion regarding registration forms, especially when guided by public officials, should not result in felony charges.

The State of Alaska has several potential paths forward, including appealing the decision to the Alaska Supreme Court or seeking a re-indictment under the clarified legal standard. The court also noted in a footnote that the state could potentially pursue perjury charges, though it did not rule on the viability of such an action.

Separate motions to dismiss are currently pending in the Alaska Superior Court for other defendants, including Smith’s husband, Michael Pese. These motions argue that individuals born in American Samoa are U.S. citizens under the Citizenship Clause of the Fourteenth Amendment. Briefing on those constitutional arguments is expected to conclude later this month.

Article and image source: samoanews.com