Alaska Drops Voter Misconduct Cases Against 11 Residents

The Alaska Department of Law dropped voter misconduct cases against 11 residents of Whittier, Alaska, who were charged with falsely claiming U.S. citizenship on voter registration forms. The defendants, all born in American Samoa, are U.S. nationals but not automatic citizens, which generally precludes them from participating in most U.S. elections.

The decision followed a ruling by a three-judge Alaska Court of Appeals panel that overturned felony charges against Tupe Smith, a former regional school board member. The court determined that state law requires proof of a "consciousness of wrongdoing" and a specific intent to break the law, rather than the mere presence of a false statement on a form.

In its ruling, the panel identified flaws in the grand jury process and criticized the questioning of Smith by state troopers. The court noted that Smith, whose native language is not English, was subjected to complex compound questions that implied she knew she was ineligible to vote. Smith had previously stated she relied on erroneous guidance from city representatives in Whittier.

Acting Alaska Attorney General Cori Mills announced the dismissal, stating that prosecutors could not prove the cases beyond a reasonable doubt given the court's interpretation of the law. Lawyer Winnie Harlow argued that the outcome protects individuals from felony liability resulting from honest mistakes.