Appeals Court Considers Dismissal of Voter Misconduct Charges Against American Samoan Resident

Thu Jan 15 2026 15:47:53 GMT+0200 (Eastern European Standard Time)

Tupe Smith's felony voter misconduct case highlights the complex citizenship status of American Samoans in the United States, raising significant legal and ethical concerns.

Tupe Smith, an American Samoan who registered to vote in Alaska, is contesting felony voter misconduct charges in a high-profile case that underscores the unique citizenship challenges faced by American Samoans. Her attorneys argue that she made an innocent mistake based on misinformation from election officials, while the state claims she knowingly misrepresented her citizenship status. The case raises broader questions about voter rights for U.S. nationals from American Samoa, whose citizenship status differs from other U.S. territories.

ANCHORAGE, Alaska (AP) — The Alaska Court of Appeals is deliberating on a request to dismiss felony voter misconduct charges against Tupe Smith, a resident born in American Samoa. The case sheds light on the complicated citizenship distinctions faced by individuals from the U.S. territory.

Smith's legal team argued in court that she should not face charges stemming from her innocent mistake when registering to vote, contending that she believed she was eligible based on guidance received from local election officials. The prosecution maintains, however, that Smith deliberately misrepresented her citizenship status.

In addition to Smith, felony charges have been filed against 10 more residents from American Samoa in Whittier, including her husband and mother-in-law. Unlike other U.S. territories, those born in American Samoa are classified as U.S. nationals, which does not grant them automatic citizenship, thereby complicating their voting rights within the United States.

While American Samoans can serve in the military and procure U.S. passports, they face restrictions when it comes to voting in most U.S. elections and cannot hold public office. Despite available paths to obtain citizenship, the process is often seen as burdensome and costly.

Smith's arrest followed her election to a local school board in 2023, an incident that has raised concerns about the voting rights and legal interpretations surrounding her and others in similar positions. She asserts that she has consistently identified as a U.S. national on official documents, yet faced confusion regarding the voter registration options.

Recent legal documents indicate that during her arrest, Smith acknowledged her understanding of being ineligible to vote in presidential elections but believed she could participate in local elections. The state prosecutor emphasized that the indictment against Smith focuses on the intention behind her citizenship claim rather than any misunderstanding regarding her voting rights.

If the court upholds the indictment, it could set a concerning precedent, as Alaska would become a state recognized for its notably low threshold for prosecuting allegations of voter fraud.