Alaska drops the charges

State prosecutors abandoned voter misconduct cases against a group of residents born in American Samoa, a week after an appeals court threw out the lead case.

Honest mistake is not a crime

A three-judge panel ruled Alaska law demands proof of a "consciousness of wrongdoing." A false box on a form, by itself, is not enough to convict.

“the State must prove a person acted with a consciousness of wrongdoing”

Eleven people in Whittier

All were from one small community about 50 miles southeast of Anchorage, charged with falsely claiming U.S. citizenship when registering or trying to vote.

Nationals, not citizens

American Samoa is the only U.S. territory where birth on the soil does not grant citizenship. Naturalization is possible but expensive and slow.

Serve, yes. Vote, no

American Samoans can join the military and carry U.S. passports, but they cannot hold public office on the mainland or vote in most U.S. elections.

The form had no box

Tupe Smith marks herself a U.S. national on paperwork. Voter registration offered no such option, and Whittier city officials told her to tick citizen instead.

Four questions, one yes

A trooper put a long compound question to Smith, whose first language is not English. Her single "Yes" became two felony counts, and now nothing at all.

“raises questions about why this prosecution was even brought to begin with”