Alaska prosecutors drop voter misconduct cases against American Samoans

voter misconduct American Samoans citizenship status Alaska Court of Appeals voter registration

Alaska prosecutors are dismissing voter misconduct cases against 11 residents of Whittier, many of whom were born in American Samoa. The decision follows a ruling by the Alaska Court of Appeals that overturned felony charges against Tupe Smith, who had been accused of falsifying citizenship details on voter registration forms.

The appellate court determined that state law requires prosecutors to prove a “consciousness of wrongdoing” and an explicit intent to violate the law, rather than simply showing that a statement on a form was incorrect. The court also identified flaws in the grand jury process and the questioning of Smith by a state trooper.

Acting Alaska Attorney General Cori Mills stated that after reviewing the court's decision, prosecutors concluded they could no longer prove the charges beyond a reasonable doubt. The legal dispute centered on the distinction between U.S. citizens and U.S. nationals; residents of American Samoa are considered U.S. nationals but do not hold automatic citizenship.

Entities

Alaska Department of Law · American Samoa · Cori Mills · Michael Pese · Tupe Smith · Whittier · Whittier, Alaska

Claims

What the coverage asserts, and how many sources carry each claim.

[● 2 SOURCES] A total of 11 people from Whittier, Alaska, were charged with falsely claiming U.S. citizenship. srnnews.com · triblive.com
[● 2 SOURCES] Alaska prosecutors are dropping voter misconduct cases against residents born in American Samoa. srnnews.com · triblive.com
[● 2 SOURCES] The Court of Appeals identified flaws in the questioning of Tupe Smith by a state trooper and in the grand jury process. srnnews.com · triblive.com
[● 2 SOURCES] Alaska law requires proof of a consciousness of wrongdoing and intent to break the law to prosecute voter registration errors. srnnews.com · triblive.com