Alaska State Appeals Court Will Hear Case over Prosecution of Persons Born in American Samoa for Registering to Vote

On January 15, the Alaska State Appeals Court will hear Tupe Smith v State of Alaska, A-14529.  This is the lawsuit over the prosecution of some persons born in American Samoa, who now live in Alaska.  They are being prosecuted for registering to vote.  The lead defendant, Tupe Smith, was elected to the School Board in Whittier, Alaska. yet she is being threatened with ten years in prison.  Persons born in American Samoa are “U.S. Nationals”, not U.S. citizens.

Here is her brief.  Her defense is that she lacked intent to break any law.  Election-related forms in Alaska, as in other states, don’t have a checkbox category for “U.S. Nationals”.


Comments

Alaska State Appeals Court Will Hear Case over Prosecution of Persons Born in American Samoa for Registering to Vote — 8 Comments

  1. It’s just as hard as it is for anyone not born in the U.S. to become a citizen. It’s the same process.

  2. My personal experience tells me that no passport is needed for a U.S. resident to go to American Samoa. In 1992 I was in Hawaii and I decided impulsively to fly to American Samoa and see it. I did not have a passport with me and nothing was said about the need to show a passport.

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