American Samoans Face Alaska Voting Rights Prosecution Confusion

Eleven residents of the tiny Alaska cruise-ship town of Whittier are facing felony charges for attempting to vote, highlighting a complex constitutional debate over American citizenship and birthright rights. The defendants, all born in American Samoa, found themselves caught in a legal gray area where they hold U.S. nationality but not automatic citizenship, creating unprecedented criminal cases that experts say represent the first prosecutions of their kind.

The controversy began when Tupe Smith ran unopposed for a local school board seat in 2023, winning with 96% of the vote before discovering she couldn’t legally hold office due to her citizenship status. American Samoa remains the only U.S. territory where residents aren’t automatically granted citizenship at birth, according to Associated Press.

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Confusing Legal Status Creates Problems

American Samoans hold a unique status as U.S. nationals, entitling them to U.S. passports, military service, and many federal benefits including Alaska’s Permanent Fund dividend, which triggers automatic voter registration. However, they cannot vote in federal elections or hold elected office without naturalization. The complexity of this status has created widespread confusion among election workers and residents alike.

Smith reported telling election workers she was a U.S. national rather than a citizen but was instructed to check the citizenship box anyway. She believed she could vote in local and state elections but not federal races, an understanding shared by many in her community. The confusion was compounded by conflicting guidance from various officials over the years.

Dramatic Police Response

Ten months after Smith’s case began, Alaska State Troopers conducted what observers described as a disproportionate operation in Whittier. More than a dozen unmarked vehicles descended on the town of 260 residents, where nearly everyone lives in a single 14-story condominium building. Troopers carried a list of approximately 20 American Samoan residents and issued court summonses to ten additional family members.

The operation occurred less than a month after the controversial police shooting death of Easter Leafa, a 16-year-old American Samoan who had recently moved to Alaska, creating additional tension within the Pacific Islander community, according to Alaska Beacon.

Constitutional Arguments and Legal Precedent

Defense attorneys argue that American Samoans born on U.S. soil should automatically receive citizenship under the 14th Amendment’s citizenship clause. Neil Weare of Right to Democracy, representing several defendants, contends that Alaska cannot prove these individuals aren’t citizens when they were born on U.S. territory and owe permanent allegiance to the United States.

A federal district court previously ruled in favor of American Samoans seeking citizenship recognition, though this decision was later overturned by an appeals court in 2021. The Supreme Court declined to review that case, leaving the constitutional question unresolved. The current Alaska prosecutions may provide another avenue for challenging this legal status.

Historical Context and Colonial Legacy

American Samoa’s unique status stems from its late 19th and early 20th-century colonial history. While Congress eventually granted birthright citizenship to residents of other U.S. territories including Puerto Rico, the U.S. Virgin Islands, Guam, and the Northern Mariana Islands, American Samoa was excluded from these provisions.

During the Great Depression era, some lawmakers cited financial concerns while others expressed racist objections to extending citizenship to American Samoans. Additionally, some traditional leaders in American Samoa have historically resisted automatic citizenship, fearing it could undermine cultural practices and land ownership rights governed by traditional Samoan law, according to Anchorage Daily News.

Nationwide Implications and Parallels

The Alaska cases represent the first known criminal prosecutions of American Samoans based solely on their place of birth. Similar confusion has occurred in other states without criminal charges. Oregon inadvertently registered nearly 200 American Samoans to vote through its motor-voter law, with 10 ultimately casting ballots, but officials determined no crime had been committed due to lack of intent.

Hawaii experienced a similar situation when American Samoan resident Sai Timoteo ran for state legislature in 2018 before learning she couldn’t legally hold office or vote. These cases highlight systematic confusion about American Samoan status across multiple jurisdictions.

Community Impact and Political Context

The prosecutions have transformed Whittier’s American Samoan community from feeling like valued residents to “unwanted criminals,” according to defendant Michael Pese, a volunteer firefighter married to Smith. The cases emerged amid broader national debates over birthright citizenship, with President Trump proposing to end automatic citizenship for children of people in the country illegally.

Tafilisaunoa Toleafoa of the Pacific Community of Alaska estimates that most Samoans over 20 in Alaska are likely American Samoan nationals affected by these citizenship restrictions. The organization had repeatedly sought clarification from election officials about voting rights but received contradictory or evasive responses. Critics argue the state should have conducted an education campaign rather than pursuing criminal charges against confused residents who believed they were following proper procedures.

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