Michael Pese, left, his wife, Tupe Smith, and their son Maximus pose for a photo outside the Boney Courthouse in Anchorage, Alaska, Thursday, Jan. 15, 2026, ahead of the Alaska Court of Appeals hearing a challenge to the voter fraud case brought against her by the state. (AP Photo/Mark Thiessen)
A state appeals court will decide whether to dismiss felony voter misconduct charges against an Alaska resident born in American Samoa, one of numerous cases that has put a spotlight on the complex citizenship status of people born in the U.S. territory.
The Alaska Court of Appeals heard arguments Thursday in the case against Tupe Smith, who was arrested after winning election to a regional school board in 2023. Smith has said she relied on erroneous information from local election officials in the community of Whittier when she identified herself as a U.S. citizen on voter registration forms.
American Samoa is the only U.S. territory where residents are not automatically granted citizenship by being born on American soil and instead are considered U.S. nationals. Paths to citizenship exist, such as naturalization, though that process can be expensive and cumbersome.
American Samoans can serve in the military, obtain U.S. passports and vote in elections in American Samoa, but they cannot hold public office in the U.S. or participate in most U.S. elections.
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Smith’s attorneys have asked the appeals court to reverse a lower court’s decision that let stand the indictment brought against her. Smith’s supporters say she made an innocent mistake that does not merit charges, but the state has argued that Smith falsely and deliberately claimed citizenship.
State prosecutors separately have brought charges against 10 other people from American Samoa in Whittier, including Smith’s husband, Michael Pese.
Supporters of Tupe Smith gather outside the Boney Courthouse in Anchorage, Alaska, Thursday, Jan. 15, 2026, ahead of the Alaska Court of Appeals hearing a challenge to the voter misconduct case brought against American Samoa native Tupe Smith by the state. (AP Photo/Mark Thiessen)
Thursday’s arguments centered on the meaning of the word intentionally.
Smith “and others like her who get caught up in Alaska’s confusing election administration system and do not have any intent to mislead or deceive should not face felony voter misconduct charges,” one of her attorneys, Whitney Brown, told the court.
But Kayla Doyle, an assistant attorney general, said that as part of ensuring election integrity, it’s important that oaths being relied upon are accurate.
About 25 people gathered on a snowy street outside the Anchorage courthouse before Thursday’s hearing to support Smith. Some carried signs that read, ”We support Samoans.”
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State Sen. Forrest Dunbar, a Democrat who attended the rally, said the Alaska Department of Law has limited resources.
“We should be going after people who are genuine criminals, who are violent criminals, or at least have the intent to deceive,” he said.
State Sen. Forrest Dunbar, left, stands with supporters of Tupe Smith gathered Thursday, Jan. 15, 2026, outside the Boney Courthouse in Anchorage, Alaska, ahead of the Alaska Court of Appeals hearing a challenge to the voter misconduct case brought against American Samoa native Tupe Smith by the state. (AP Photo/Mark Thiessen)
In a court filing in 2024, one of Smith’s previous attorneys said that when Smith answered questions from the Alaska state trooper who arrested her, she said she was aware that she could not vote in presidential elections but was “unaware of any other restrictions on her ability to vote.”
Smith said she marks herself as a U.S. national on paperwork. But when there was no such option on voter registration forms, she was told by city representatives that it was appropriate to mark U.S. citizen, according to the filing.
Smith “exercised what she believed was her right to vote in a local election. She did so without any intent to mislead or deceive anyone,” her current attorneys said in a filing in September. “Her belief that U.S. nationals may vote in local elections, which was supported by advice from City of Whittier election officials, was simply mistaken.”
The state has said Smith falsely and deliberately claimed citizenship. Prosecutors pointed to the language on the voter application forms she filled out in 2020 and 2022, which explicitly said that if the applicant was not at least 18 years old and a U.S. citizen, “do not complete this form, as you are not eligible to vote.”
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The counts Smith was indicted on “did not have anything to do with her belief in her ability to vote in certain elections; rather they concerned the straightforward question of whether or not Smith intentionally and falsely swore she was a United States citizen,” Doyle said in a court filing last year.
One of Smith’s attorneys, Neil Weare, co-founder of the Washington-based Right to Democracy Project, has said the appeals court could dismiss the case or send it back to the lower court “to consider whether the state can meet the standard it has set forth for voter misconduct.” The state also could decide to file other charges if the case is dismissed, he said.
The court did not give a timeline for when it would issue a ruling.
JUNEAU, Alaska (KTUU) – The Supreme Court of Alaska will be taking up the case of the State of Alaska, Division of Elections v. Daniel J. Sullivan, Jr.
The oral arguments will be held Monday at 10 a.m. via Zoom, according to an order and opening notice.
The document also specifies that a decision is expected to be made before noon on Tuesday.
According to documents from the Division of Elections, the state must start printing ballots at noon on the same day.
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This comes after an Anchorage Superior Court Judge ordered Dan J. Sullivan on to the ballot Friday.
See a spelling or grammar error? Report it to web@ktuu.com
A new home under construction in Potter Valley in Anchorage. (Loren Holmes / ADN)
This June, two very different offers reach Alaska families, and both amount to the same thing: $10,000. The difference is everything.
Bill Walker, running for governor, would hand every eligible Alaskan a one-time $10,000 check and then end the Permanent Fund dividend for good. Ask one question: Where does his $10,000 come from?
It comes from the Permanent Fund, the people’s own money and the savings Alaskans built for their children. Walker would spend that endowment once to pay Alaskans to give up the yearly dividend forever.
Think about what that does. It cancels the annual check that gives a family a reason to keep an Alaska address and replaces it with a single payout. You hand people their own savings, call it a gift and cut the tie that held them here in the same motion. It is the oldest mistake in governing money: raid what you have saved to buy a moment’s applause and call the spending generosity.
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A plan that spends the people’s savings to send the people away is not bold. It is foolish.
Now consider the other $10,000. Through Alaska Housing Finance Corp., the state offers families up to $10,000 to build a new, energy-efficient home. AHFC raids nothing. It earns its own way. Over the years, it has returned more than $2 billion to the state treasury, and it spends some of that income the way any good business does: to win a customer.
Here, the customer is an Alaskan who wants to own a home, put down roots and stay.
That is the oldest sound move in business: Invest a little of what you earn to bring in someone who stays. The homeowner remains, the community gains a family and the corporation keeps earning. The money spent comes back. A plan that puts earnings to work to bring people home is not charity. It is clever.
Same amount. Opposite source. Opposite wisdom. One spends savings; the other spends earnings. One pays Alaskans to leave; the other pays them to stay. One empties the state; the other fills it.
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This Homeownership Month, the choice is the size of a single check, and the whole question is where the check comes from and what it asks of you. Ten thousand dollars of your own fund, to wave you goodbye. Or $10,000, earned and reinvested, to help you stay and build.
Evan Swensen is the publisher of Publication Consultants in Anchorage and the author of “What’s the Money For: A Permanent Fund Mortgage Proposal.”
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