Why It Matters
The dismissal of criminal charges against 11 American Samoan residents in Alaska clarifies the legal standard for prosecuting noncitizen voting. The case underscores the distinction between U.S. nationals and citizens, highlighting how intent influences election law enforcement.
What Happened
The Alaska Department of Law dropped criminal charges against 11 Whittier residents following a ruling by the Alaska Court of Appeals. The accused are American Samoan residents who hold U.S. nationality but lack citizenship, disqualifying them from voting in state elections.
State prosecutors originally charged Tupe Smith and 10 others with illegal voting after Smith won a local school board race in 2022. All defendants maintained they were unaware of their ineligibility and had been misinformed by local elections officials.
Tupe Smith was charged in 2023 and sought dismissal of her case, which a Superior Court judge initially denied. This month, the Alaska Court of Appeals ruled that conviction for illegal voting requires proof the defendant intentionally sought to deceive elections officials. The Department of Law had originally brought charges under a standard not requiring intent to deceive.
The Department of Law chose not to appeal the Court of Appeals interpretation to the Alaska Supreme Court. Acting Alaska Attorney General Cori Mills stated prosecutors must follow the law as written and apply it faithfully. She noted the state cannot prove its case beyond a reasonable doubt under the new standard.
By the Numbers
11 — Number of Whittier residents against whom criminal charges were dropped.
2022 — Year Tupe Smith won a local school board race.
2023 — Year Tupe Smith was charged.
10 — Number of other American Samoans charged alongside Tupe Smith.
Zoom Out
The case reflects broader national debates over election integrity and the enforcement of voting eligibility laws. While many states have tightened verification procedures, this ruling emphasizes the necessity of proving criminal intent in prosecution efforts. It also highlights the unique legal status of American Samoans, who are U.S. nationals but not citizens, a distinction that often creates confusion at the ballot box.
What’s Next
Attorneys for the defendants expressed happiness with the result but disappointment at the time taken to resolve it. Michael Pese, Smith’s husband and one of the charged residents, described the charges as a major stress. Tupe Smith stated she is relieved no longer having to worry about childcare if jailed.
Charles Ala’ilima, an attorney representing Smith and Pese, stated the prosecutions should never have occurred. He described the prosecutions as traumatizing for the American Samoan community in Alaska. “The state’s dismissal of charges is welcome, but these searches, arrests and prosecutions should never have been done in the first place,” said Charles Ala’ilima.