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Alaska Prosecutors Drop Voter Misconduct Charges Against 11 American Samoan Residents
Just the facts
The Alaska Department of Law announced that state prosecutors dropped criminal voter misconduct cases against 11 residents of Whittier, Alaska, who were charged with falsely claiming U.S. citizenship on voter registration forms. The dismissal followed a decision by a three-judge panel of the Alaska Court of Appeals, which ruled that state law requires prosecutors to prove a defendant had a consciousness of wrongdoing and intended to break the law. Acting Attorney General Cori Mills stated that after evaluating the appellate court decision, prosecutors determined they could not satisfy the burden of proof beyond a reasonable doubt. Lead defendant Tupe Smith, who was elected to a regional school board in 2023, was indicted alongside her husband Michael Pese and nine other residents after marking the citizenship box when no option for U.S. national was available on state forms. Under federal law, individuals born in American Samoa are classified as U.S. nationals rather than U.S. citizens, allowing them to hold U.S. passports and serve in the military while restricting participation in state and federal elections.
Why this is news
The Alaska Department of Law announced the dismissal of voter misconduct charges against 11 residents of Whittier, Alaska, born in American Samoa. The prosecutorial decision followed a ruling by the Alaska Court of Appeals that overturned felony charges against lead defendant Tupe Smith.
Sources
This summary is compiled strictly from the original reporting below.