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Alaska woman appeals voter fraud charges in case that puts spotlight on status of American Samoans

The appeal highlights the legal complexities of American Samoan citizenship and voter eligibility, with 11 people indicted in Whittier, Alaska, including Smith's family members.

  • On Jan. 15, the Alaska Court of Appeals heard oral arguments in Anchorage on an appeal to dismiss felony voter-misconduct charges against Tupe Smith.
  • Prosecutors point to voter forms from 2020 and 2022 that warn noncitizens are ineligible and say Smith falsely claimed U.S. citizenship, while Smith says City of Whittier election officials told her to mark U.S. citizen as no U.S. national option existed.
  • Arguing statutory language, Whitney Brown said `knowingly` and `intentionally` differ, urging dismissal as no evidence shows Smith intended to mislead; Assistant Attorney General Kayla Doyle said the terms can overlap in Alaska Court of Appeals.
  • The Alaska Court of Appeals will decide later, as prosecutors have also charged 18 other American Samoan residents in Whittier, including Smith's husband and mother-in-law, raising broader concerns among voting rights advocates.
  • The case spotlights how American Samoan status affects voting eligibility, with Neil Weare warning Alaska could be `the only state to our knowledge with such a low bar for felony voter fraud` and advocates noting costly paths to citizenship.
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Alaska woman appeals voter fraud charges in case that puts spotlight on status of American Samoans

A state appeals court is being asked to dismiss felony voter misconduct charges against an Alaska resident born in American Samoa.

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Alaska Beacon broke the news in on Thursday, January 15, 2026.
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