Alaska appeals court weighs intent standard in prosecution of American Samoan voters

The Alaska Court of Appeals heard arguments on whether the state can prosecute an American Samoan woman for voter misconduct even if she lacked any “intent to mislead or deceive” when registering to vote.

Tupe Smith, an American Samoan woman living in Whittier, Alaska, is facing felony charges that could result in five to ten years in prison. American Samoans are labeled by the federal government as United States nationals, but not United States citizens, a status that has long caused confusion across federal, state, and local systems.

According to her attorneys, Smith was encouraged by local officials to run for her local school board and to vote in local elections. When completing voter registration forms, she was advised to check the box indicating she was a “US citizen” because the forms did not include an option for US nationals.

The appeal centers on whether Alaska’s voter misconduct law requires proof that a defendant intended to mislead or deceive a public official.

“We are pleased the Alaska Court of Appeals is considering this important question—someone should not be facing five to ten years in jail for checking the wrong box if they had no intent to mislead or deceive a public official,” said Neil Weare, co-director of Right to Democracy, which represents Smith.

American Samoan attorney Charles Ala’ilima, also part of Smith’s legal team, said state systems routinely fail to account for American Samoans’ legal status.

“State and local officials do not understand how someone can be a US national but not a US citizen, and many state forms do not account for American Samoan’s status as ‘non-citizen’ nationals,” Ala’ilima said. “Without any intent to mislead or deceive, many have ended up registered to vote in Alaska.”

Smith is one of 11 American Samoans in Whittier facing criminal prosecution based on their legal status. American Samoan Governor Pulaali’i Nikoloa Pula and Delegate Uifa’atali Aumua Amata Radewagen have called on Alaska to pursue administrative solutions, similar to approaches taken by other states such as Oregon.

Governor Pula has stated he faced a comparable issue when applying for a federal security clearance, which was ultimately granted despite indicating he was a “US citizen” on federal forms.

Ahead of the hearing, the Pacific Community of Alaska hosted a solidarity gathering outside the Boney Courthouse in Anchorage.

“Alaska should be working to resolve these issues by educating public officials, not by criminally targeting hard-working, tax-paying members of our Pacific Islander community,” said Tafi Toleafoa, executive director of the Pacific Community of Alaska.

Whitney Brown of Stoel Rives argued on behalf of Smith. The State of Alaska was represented by Kayla Doyle, assistant attorney general in the Alaska Office of Criminal Appeals.