Full Breakdown
Voter Fraud Charges Highlight American Samoan Citizenship Status
1/15/2026, 11:01:46 PM
Legal Proceedings Against Tupe Smith
The Alaska Court of Appeals is currently reviewing the case of Tupe Smith, an Alaska resident born in American Samoa, who faces felony voter misconduct charges. Smith's legal team is seeking to dismiss these charges, arguing that she made an innocent mistake regarding her citizenship status. The case has drawn significant attention to the unique citizenship status of individuals born in American Samoa, where residents are classified as U.S. nationals rather than U.S. citizens at birth.
In 2023, Smith was elected to a regional school board in Whittier, Alaska, after registering to vote. However, she identified herself as a U.S. citizen on her voter registration forms, a decision that has led to her indictment. Smith contends that she relied on incorrect information from local election officials, who advised her that marking herself as a U.S. citizen was appropriate, given that there was no option for U.S. nationals on the forms. Her attorneys assert that Smith believed she was exercising her right to vote based on this guidance.
Background on American Samoan Citizenship
American Samoa is the only U.S. territory where individuals born there do not automatically receive U.S. citizenship. Instead, they are designated as U.S. nationals, which allows them to serve in the military, obtain U.S. passports, and vote in local elections within American Samoa. However, U.S. nationals cannot hold public office in the U.S. or participate in most federal elections. The path to citizenship for American Samoans typically involves a naturalization process that can be both costly and complex.
Official Statements & Responses
The state of Alaska maintains that Smith intentionally misrepresented her citizenship status. Prosecutors have highlighted the language on the voter application forms, which explicitly states that individuals who are not U.S. citizens should not complete the form. Kayla Doyle, an assistant attorney general, emphasized that the charges against Smith focus on whether she falsely claimed to be a U.S. citizen, rather than her belief in her voting eligibility.
In contrast, Neil Weare, one of Smith's attorneys and co-founder of the Right to Democracy Project, criticized the potential implications of the case. He stated that if the appeals court upholds the indictment, Alaska would set a precedent for having a low threshold for felony voter fraud.
Criticism & Opposition
Critics of the prosecution argue that the case underscores systemic issues regarding the understanding of citizenship among American Samoans and the complexities of voting rights. Supporters of Smith assert that her actions were based on a misunderstanding rather than any intent to deceive.
Conflicting Reports & Gaps
While the state argues that Smith's actions were deliberate, her defense maintains that she was misled by local election officials. This discrepancy raises questions about the clarity of voter registration processes and the information provided to American Samoans regarding their voting rights.
What's Next
The Alaska Court of Appeals is expected to make a ruling on Smith's appeal, which could have broader implications for the voting rights of American Samoans and the legal standards for voter fraud in Alaska.
