Confusion at the ballots: American Samoans in Alaska face felony charges

On April 3, 2025, in Whittier, Alaska, 11 American Samoans faced felony charges for trying to vote.

Within the United States, American Samoans are considered US nationals, not citizens. This means that they have US passports and military access, but they cannot vote in US elections. Representatives for the state of Alaska have reported on the confusing nature of living as an American Samoan. They stated, “Idiosyncrasies in Alaska law and the ambiguous nature of so-called ‘non-citizen’ US national status mean public officials in Alaska have often sent contradictory messages to American Samoans about their eligibility to vote.” This uncertainty blurs the guidelines on voting. 

This issue began in 2023 when Tupe Smith, a community volunteer and newly elected school board member, was arrested. Smith explained that election officials instructed her to check the “US citizen” box on registration forms, since no option existed for “US national.” Later that year, Smith’s husband and nine other American Samoans were also charged. Prosecutors argued that forms clearly stated only US citizens over the age of 18 were eligible, warning: “Do not complete this form, as you are not eligible to vote.”

Lawyers and groups supporting the defendants argue these charges violate the Fourteenth Amendment, which declares that “all persons born… in the United States… are citizens of the United States.” Neil Weare is a co-founder of Right to Democracy, a project focused on challenging the racist colonial framework in the US territories. Weare emphasized that these individuals were not attempting fraud, but simply following unclear instructions. He pointed out that in Oregon, in October 2024, hundreds of American Samoans were mistakenly registered to vote, yet no one faced prosecution. 

This case highlights bigger questions about the validity of citizenship. Congress decided in 1901 that people born in American Samoa are not automatically citizens. This was done with the intent of protecting local customs, like community land ownership and traditional government. In 2021, the Tenth Circuit Court upheld this rule, and the Supreme Court declined to overturn it.

To address the issue, some members of Congress have introduced a bill, HR 1208. This bill would facilitate how US nationals in American Samoa become US citizens, waiving certain requirements.

This case demonstrated how unclear and outdated laws leave American Samoans trapped between national pride and limited rights. Although they live in the United States, they remain excluded from fully participating in its democracy. Until Congress acts, their right to vote will remain out of reach.