Advocacy grows as Alaska prosecutes American Samoans over voting eligibility

American Samoans living in Alaska are facing criminal prosecution tied to their status as United States nationals rather than citizens, a case that has drawn formal objections from territorial leaders and community organizations in American Samoa and Alaska.

The Pacific Community of Alaska, American Samoa Governor Pulaali’i Nikolao Pula (R), and Delegate Uifa’atali Aumua Amata Radewagen (R) of American Samoa have each sent letters to Alaska Governor Mike Dunleavy urging the state to drop charges against eleven American Samoan residents of Whittier. As of publication, Alaska officials have not publicly responded and prosecutions are continuing.

The defendants are accused of voter misconduct and related offenses after indicating they were United States citizens on state forms. According to statements from the Pacific Community of Alaska and Right to Democracy, several defendants say they were told by local and state officials that, as United States nationals, they were eligible to vote or run for office. Most Alaska forms do not include an option to indicate “United States national.”

Those charged face potential prison sentences ranging from five to ten years per count. The cases stem from the federal government’s classification of people born in American Samoa as “nationals, but not citizens, of the United States,” despite the territory being under United States sovereignty for more than 125 years.

In November 2023, Tupe Smith, an American Samoan resident of Whittier, was arrested after successfully running for a local school board seat. She says the application forms did not state that United States citizenship was required and that she relied on guidance from local officials. A grand jury later dismissed three of the five charges against her, leaving two voter misconduct counts that each carry a potential five-year sentence.

In April 2025, Alaska charged Smith’s husband, Michael Pese, along with nine other members of the Whittier American Samoan community. Some defendants also face perjury charges for indicating they were United States citizens, which can carry sentences of up to ten years per count.

Community advocates argue the prosecutions reflect systemic confusion rather than intentional wrongdoing. In its letter to Governor Dunleavy, the Pacific Community of Alaska cited examples of American Samoans being automatically registered to vote, instructed by state officials to check “United States citizen” boxes when no national option exists, and encouraged by local officials to participate in elections.

Territorial leaders echoed those concerns. In her letter, Delegate Amata Radewagen asked Alaska to pursue administrative remedies rather than criminal prosecution, pointing to the complexity of federal and state laws governing the civic status of American Samoans. Governor Pula made a similar appeal, emphasizing education and clarification over punitive action.

The issue has drawn attention within Alaska’s legislature. In May 2025, the Alaska Senate adopted a resolution supporting the ability of American Samoans to vote and serve as commissioned officers in the United States military. The Alaska House Judiciary Committee also questioned state officials about the prosecutions, and the Whittier City Council adopted a resolution acknowledging discrimination faced by the local American Samoan community.

Legal proceedings are ongoing. On January 15, 2026, the Alaska Court of Appeals is scheduled to hear Tupe Smith’s appeal, focusing on whether voter misconduct requires intent to mislead or deceive. The Alaska Superior Court has set January 21, 2026, as the deadline for remaining defendants to file motions to dismiss.

Advocates say the case has implications beyond Alaska. Right to Democracy argues that the federal government’s position leaves open the possibility that Congress could alter or revoke birthright citizenship in United States territories, an issue expected to reach the United States Supreme Court in a separate case next year.