Alaska prosecutors have dropped voter misconduct cases against American Samoan residents who incorrectly marked a U.S. citizen box on voter registration forms. The decision follows a state appeals court ruling that overturned felony charges against Tupe Smith, a resident of American Samoa, citing insufficient evidence of intent to commit wrongdoing.
Acting Alaska Attorney General Cori Mills announced the dismissal on Friday, stating that prosecutors could not meet the burden of proof required under state law. The ruling applies to Smith and at least one other individual, Michael Pese, her husband, who had also been charged. The cases were dismissed after a three-judge panel of the Alaska Court of Appeals found that the state failed to demonstrate a consciousness of wrongdoing—a legal requirement under Alaska law for voter misconduct charges.
Court ruling sets legal precedent
The appeals court’s decision, issued a week prior, centered on flaws in the prosecution’s evidence. The panel criticized the questioning of Smith by a state trooper and the grand jury process that led to her indictment. The court emphasized that Alaska law requires proof of intentional wrongdoing, not merely an erroneous statement on a form. This interpretation was hailed by Smith’s attorney, Whitney Brown, as a safeguard against felony liability for honest mistakes.
Brown stated in a Saturday statement that the dismissal would allow the community to move forward. Earlier in the week, she praised the appeals court’s ruling, calling it a critical clarification of the law. “The court made clear that Alaska law requires more than simply showing that a statement was false—the state must prove a person acted with a consciousness of wrongdoing,” Brown said. “That distinction makes a world of difference to Ms. Smith and helps ensure that Alaska’s voter-misconduct laws are applied fairly.”
Legal and community implications
The cases originated from a voter registration form discrepancy where Smith and others marked themselves as U.S. citizens, despite American Samoa’s status as a U.S. territory with residents who are U.S. nationals but not automatically citizens. The charges, initially filed as felonies, carried potential penalties of up to five years in prison and $50,000 in fines. The appeals court’s decision effectively nullified the legal basis for the prosecutions, prompting prosecutors to drop the remaining cases.
Acting Attorney General Mills acknowledged the court’s role in interpreting state law, stating that prosecutors would faithfully apply the ruling in future cases. “We respect the role of the courts in interpreting Alaska law and will faithfully execute our duty to apply the law and carefully evaluate our prosecutorial decisions,” Mills said.
The dismissal has been framed by Smith’s legal team as a victory for due process and a clarification of voter registration laws in Alaska. The case has drawn attention to the legal distinctions between U.S. citizens and U.S. nationals, particularly in territories like American Samoa, where residents hold a unique legal status. Legal experts note that the ruling may influence how similar cases are handled in the future, particularly in states with diverse populations and varying voter registration requirements.