Alaska prosecutors are dropping voter misconduct cases against residents born in American Samoa, the Department of Law announced Friday. The decision followed a state appeals court ruling that prosecutors must prove defendants had a “consciousness of wrongdoing” and intended to break the law when they erroneously completed voter registration forms.
The three-judge Court of Appeals panel had overturned felony charges against Tupe Smith, who checked a box stating that she was a U.S. citizen. The panel identified flaws in a state trooper’s questioning of Smith and in the grand jury process that led to her indictment, reversing a lower court decision that had allowed the charges to remain in place.
Acting Alaska Attorney General Cori Mills said prosecutors reviewed the appeals court decision and applied it to the facts of the cases. They concluded they could not prove the allegations against Smith and the other defendants beyond a reasonable doubt. Smith’s husband, Michael Pese, was also charged.
“We respect the role of the courts in interpreting Alaska law and will faithfully execute our duty to apply the law and carefully evaluate our prosecutorial decisions,” Mills said.
In total, 11 people from Whittier, about 50 miles (80 kilometers) southeast of Anchorage, were charged with falsely claiming U.S. citizenship while registering or attempting to vote. American Samoa is the only U.S. territory where people born on American soil are not automatically granted citizenship; residents born there are instead considered U.S. nationals. Paths to citizenship include naturalization, although the process can be expensive and cumbersome. American Samoans may serve in the military, obtain U.S. passports and vote in American Samoa elections, but they cannot hold U.S. public office or participate in most U.S. elections.
Smith was arrested after winning election to a regional school board in 2023. Her lawyer, Whitney Brown, said Saturday that dismissing the cases would allow the community to move forward. Brown said the appeals ruling established that showing a statement was false is insufficient by itself and that the state must also prove the person acted with a consciousness of wrongdoing.

