Alaska drops cases against American Samoans who checked ‘US citizen’ on voter form

Alaska has dropped voter misconduct cases against American Samoans who mistakenly checked a box indicating they were US citizens, after an appeals court overturned felony charges. The state announced the decision on Friday, after a three-judge court ruled that prosecutors must prove defendants had "consciousness of wrongdoing" and intended to break the law.

The appeals court found flaws with questioning tactics used by a state trooper and the grand jury process that led to the initial indictment. Alaska's acting Attorney General, Cori Mills, stated that prosecutors could not prove the charges against the defendants beyond a reasonable doubt. The 11 residents from the community of Whittier, located about 60 miles southeast of Anchorage, were charged with falsely claiming US citizenship when registering or trying to vote.

American Samoa, the only US territory where residents are not automatically granted citizenship upon birth, requires individuals to become naturalized citizens to gain rights such as holding public office or participating in US elections. Tupe Smith, the woman initially charged, was arrested after winning a 2023 regional school board election and had identified herself as a US citizen on voter registration forms.

She claimed she relied on erroneous information provided by Whittier city officials when no US national option was available on the forms.