Credit: Right to Democracy

Smith v. State of Alaska (Amicus)

Location: Alaska
Status: Ongoing
Last Update: May 30, 2025

What's at Stake

The 勛圖眻畦 and 勛圖眻畦 of Alaska have filed an amicus in support of Tupe Smith, a woman born in American Samoa who now lives in Whittier, Alaska charged with falsely affirming that she was a U.S. citizen when she registered to vote. But Tupe Smith is not an alien under the law. People, like her, born in the U.S. territory of American Samoa are the only remaining individuals recognized as non-citizen U.S. nationals, a unique status that falls short of citizen but nonetheless recognizes that American Samoa has been part of the United States for over 125 years.

 

All evidence indicates that Ms. Smith believed that, as a non-citizen U.S. national, she was eligible to vote in local elections when she registered to vote. In fact, local election officials encouraged her to check the box labeled "U.S. citizen" when she registered, given the fact that there was no option for "U.S. national."

 

Our amicus brief urges Alaskas Court of Appeals to dismiss Tupe Smiths indictment because of well-settled principles that election-crime statutes should be construed to avoid punishing innocent mistakes. Separately, we warn that upholding a different view of the law would make Alaska an outlier among the states.

Tupe Smith should have never been indicted. At the time she registered to vote, Ms. Smith believed that as a non-citizen U.S. national she was eligible to vote in local elections. That misapprehension was not just hers: she was encouraged by local officials to check the U.S. citizen box on voter-registration forms, since no alternative was available for U.S. nationals. Her experience highlights the confusing status that people born in American Samoaan island under U.S. control for over 125 yearsoccupy upon moving to one of the fifty States or the District of Columbia.

Ms. Smith moved to dismiss her indictment, but Alaskas lower court unfortunately denied her request. She has now appealed to the Alaska Court of Appeals. The 勛圖眻畦 and 勛圖眻畦 of Alaska have filed an amicus brief in support of efforts to dismiss her indictment, which can only be sustained if one ignores well-established principles encouraging courts to avoid punishing innocent mistakes when they apply election-crime statutes. Any other result would chill eligible voters who register to vote because of an honest mistake as to their eligibility.

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