By MARK THIESSEN
ANCHORAGE, Alaska (AP) — Ten Alaska residents pleaded not responsible Thursday to voter misconduct or different expenses in circumstances which have renewed consideration on the advanced citizenship standing of individuals born within the U.S. territory of American Samoa.
These dealing with expenses — most of them associated to 1 one other — had been born in American Samoa however reside within the remoted Alaska neighborhood of Whittier, about 60 miles (96 kilometers) south of Anchorage. The state contends they falsely claimed U.S. citizenship when registering or making an attempt to vote. An legal professional representing the defendants says a lot of them are residents.
American Samoa is the one U.S. territory the place residents aren’t mechanically granted citizenship by being born on American soil, because the 14th Modification to the Structure dictates. As an alternative, they’re thought-about U.S. nationals. American Samoans can serve within the army, get hold of U.S. passports and vote in elections in American Samoa. However they can not maintain public workplace within the U.S. or take part in most U.S. elections.
A grand jury this week returned indictments with felony and misdemeanor counts, nearly a yr after Alaska State Troopers descended on Whittier to ship courtroom summonses. Among the defendants had been in courtroom Thursday afternoon in Anchorage, whereas others attended nearly.
The case is expounded to that of Tupe Smith, who was arrested shortly after profitable election to a regional college board in 2023 and who has been charged individually. Smith, born in American Samoa, has asserted she marked a field claiming to be a U.S. citizen on the instruction of election employees as a result of there was no method to establish herself as a U.S. nationwide, in keeping with courtroom data.
The state has stated she falsely and intentionally claimed citizenship. Prosecutors pointed to the language on the voter software types she stuffed out in 2020 and 2022, which explicitly stated that if the applicant was not no less than 18 years previous and a U.S. citizen, “do not complete this form, as you are not eligible to vote.”
Smith’s case is earlier than the state Court docket of Appeals. Attorneys for the state have argued that the query of citizenship for American Samoans “is not before this court and the voter misconduct statute at issue here is not and cannot be the solution to this difficult problem.”
FILE – Michael Pese and his spouse Tupe Smith pose for a photograph with their son Maximus and daughter Cataleya in Whittier, Alaska, Might 13, 2025. (AP Picture/Mark Thiessen, File)
The ten defendants within the separate case embody Smith’s husband, Michael Pese; his mom, who has most cancers; seven different family; and one man who grew up in the identical village in American Samoa as Michael Pese.
Matt DiTullio, an assistant public defender representing the ten, advised a decide Thursday that the majority of them are U.S. residents — data he stated he has shared with prosecutors.
Jenna Gruenstein, an legal professional with the state Workplace of Particular Prosecutions, pushed again, saying it was her understanding that the state had requested for proof to again up DiTullio’s argument however that the state has but to obtain that.
Neil Weare, an legal professional for Smith, in an interview famous her attraction is pending as the opposite circumstances proceed. Weare is the co-founder of the Proper to Democracy Mission, an advocacy group for individuals from U.S. territories.
The Pacific Neighborhood of Alaska has urged Alaska’s legal professional normal to not pursue the matter, saying even officers in Whittier and on the state stage have been confused about whether or not American Samoans are eligible to vote and have offered individuals with at occasions incorrect data.
The group additionally stated the state didn’t carry out its due diligence in figuring out citizenship standing earlier than pursuing expenses.
Related Press author Becky Bohrer contributed from Juneau.
Initially Revealed: September 4, 2025 at 5:10 PM EDT
