American Samoa is the only U.S. territory where residents don’t have birthright citizenship. They’re U.S. nationals instead, and it complicates voting
A state appeals court in Alaska threw out felony charges against a woman who checked a box saying she was a U.S. citizen.
In a surprising turn of events, prosecutors in Alaska have decided to drop voter misconduct cases against 11 residents of American Samoa. The individuals were accused of falsely claiming U.S. citizenship when registering to vote or attempting to cast their ballots. The decision was made after a state appeals court overturned felony charges against a woman named Tupe Smith, who had previously checked a box indicating she was a U.S. citizen.
The Court of Appeals ruled that prosecutors must prove defendants had "consciousness of wrongdoing" and intended to break the law, which they could not do in this case. American Samoa is the only U.S. territory where residents are not automatically granted birthright citizenship, instead being considered U.S. nationals. This unique status means they can serve in the military, obtain U.S. passports, and vote in local elections, but they cannot hold public office or participate in most U.S. elections.
Smith's lawyer praised the decision, stating it "establishes an important safeguard against imposing felony liability for an honest mistake."
Written by urgent.news from Fortune's reporting — not their text. Machine-written — may contain errors; check the original before relying on it.
