Photo: Michael Pese, Tupe Smith, and their children in Whittier, Alaska. Photo Credit: Right to Democracy

Alaska v. Smith

STATUS: Active — On Appeal 

COURT: Alaska Court of Appeals 

OVERVIEW

Tupe Smith was born in American Samoa — a U.S. territory for over 125 years — and currently lives in Whittier, Alaska, a small town of approximately 250 residents. In 2023, after winning an election to her local school board with 96% of the vote, Alaska State Troopers arrived at her home and handcuffed her in front of her children. Her alleged offense: checking a box indicating she was a “U.S. citizen” on voter registration forms — a box she was directed to check by local officials, because no box for “U.S. national” existed.

Alaska is pursuing felony charges of perjury and voter misconduct against Smith and 10 other American Samoan residents of Whittier. The most serious charges could carry a sentence of up to 5-10 years in jail.

Right to Democracy is part of the legal team defending Smith in the Alaska Court of Appeals. 

WHY THIS CASE MATTERS

The Fourteenth Amendment provides that “all persons born … in the United States … are citizens of the United States.” American Samoa has been a part of the United States since 1900, when its leaders signed Deeds of Cession transferring full sovereignty to the United States. American Samoans signed the Deeds of Cession with the expectation they would be recognized as full U.S. citizens. Those leaders were correct: so long as the people of American Samoa choose to continue being a part of the United States, anyone born there has a constitutional right to be recognized as U.S. citizens. No government official has the power to deny that, not Congress, not the President of the United States, not elected officials in Alaska or American Samoa.

The question for American Samoans to answer for purposes of self-determination is whether to continue being a part of the United States or not. So long as American Samoans choose to continue remaining part of the United States, people born there have a right to citizenship that cannot be denied them by any government official.

In this case, the Alaska Court of Appeals is currently considering whether voter misconduct requires an intent “to mislead or deceive a public official.”

This prosecution is a direct consequence of 125 years of colonial rule where the United States has claimed full sovereignty and jurisdiction over American Samoa while imposing the second-class status of “non-citizen” U.S. national over the objections of those who signed the Deeds of Cession. 

VOICES FROM THE CASE

“This was the lowest point of my life. I never thought I would go through something like this. Had Alaska issued me a summons like they did my husband and other family members, I would have shown up in court. There was no need to handcuff me in front of my kids.” — Tupe Smith

Tupe Smith (R) and her husband Michael Pese (L), Photo Credit Jeff Chen

“American Samoa has now been a part of the United States for more than half the existence of the United States itself. It is clearly ‘in the United States.’ The State of Alaska should follow the Constitution and stop prosecuting American Samoans born on U.S. soil,” –– Tafilisaunoa Toleafoa, Executive Director of the Pacific Community of Alaska

“Federal statutes that label American Samoans as ‘nationals but not citizens’ cannot be squared with the text and history of the Fourteenth Amendment, which guarantees U.S. citizenship to anyone born on U.S. soil. Federal, state, and local officials who have sworn an oath to uphold the Constitution must follow its command, not reflexively defer to a discriminatory federal statute.” — Neil Weare, Co-Director, Right to Democracy.

“Whether American Samoa is ‘outside of the United States’ or ‘in the United States’ is the key question - it is the difference between having a constitutional right to be recognized as a U.S. citizen and not having such a right. The answer should be clear - American Samoa has been a territory of the United States since the early 1900’s. Six generations born in American Samoa have owed their allegiance at birth to the United States of America. Generations of American Samoa’s sons and daughters confirmed their allegiance through their service in the U.S. Armed Forces at higher rates than any state.” — Charles Ala'ilima, American Samoan Attorney and co-counsel

CASE MATERIALS

Alaska Court of Appeals

CASE UPDATES

NEWS COVERAGE

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