Source: Right to DemocracyPago Pago, AMERICAN SAMOA — The Pacific Community of Alaska is calling on Governor Mike Dunleavy to reconsider the state’s criminal prosecution of eleven American Samoan residents of Whittier who have been charged with “voter misconduct” and other offenses after they say they were told by government officials that as “U.S. nationals” they were eligible to vote and should indicate on state voter voter forms they were “U.S. citizens.” PCA wrote to Governor Dunleavy after receiving no response to its prior letters to Attorney General Stephen Cox and Attorney General Treg Taylor.
PCA’s letter follows earlier engagement by American Samoan Governor Pulaali’i Nikoloa Pula and American Samoan Congresswoman Uifa’atali Aumua Amata Radewagen, who called on Governor Dunleavy to pursue administrative solutions rather than criminal prosecution.
“Alaska’s criminal targeting of the American Samoan community needs to stop,” said Tafilisaunoa "Tafi" Toleafoa, Executive Director of PCA, which works to strengthen Pacific Islander communities throughout Alaska. “We are pleased to see our community coming together, both in Alaska and in American Samoa, to stand up against this unwarranted criminal prosecution.”
“PCA is shining a light on how American Samoans face discrimination at the federal, state, and local level because administrative rules often do not account for the status of ‘non-citizen’ U.S. national,” said Neil Weare, Co-Director of Right to Democracy, which represents Tupe Smith and her husband Michael Pese, two of the eleven Whittier residents being criminally targeted by the state. “We also appreciate Governor Pula and Congresswoman Amata working to educate Alaska officials about American Samoa’s unique history and status, as well as their call for administrative solutions rather than jail time.”
“The federal government labels people born in American Samoa - a U.S. territory for more than 125 years – as ‘nationals, but not citizens, of the United States.’ Those born in other U.S. territories - or any of the 50 states - are automatically recognized as both ‘nationals’ and ‘citizens’ of the United States,” said Charles Ala’ilima, an American Samoan attorney who serves on Right to Democracy’s Board and also serves as co-counsel. “Needless to say, this causes significant confusion at all levels of government, as Governor Pula and Congresswoman Amata explain so clearly.”
In November 2023, after Tupe Smith successfully ran for school board in Whittier, Alaska, State Troopers arrested her, handcuffing her in front of her children. Nowhere on the candidate application forms did it indicate someone must be a “U.S. citizen” to run, and she says she was told by local officials that as a U.S. national she was eligible to vote and run for office. A grand jury dismissed three of the five charges brought against her, with the two remaining counts of “voter misconduct” each carrying up to five years in jail.
Ms. Smith’s husband, Michael Pese, and nine other members of the tight-knit American Samoan community in Whittier, were charged in April 2025, six months after two-dozen Alaska State troopers swept into their small town to investigate criminal allegations grounded in their “non-citizen” national status. In addition to filing voter misconduct charges, Alaska also charged these defendants with perjury for indicating on state forms that they were “U.S. citizens,” which carries up to ten years in jail per offense. Most state forms do not include an option to check “U.S. national.”
In May 2025, the Alaska Senate adopted Resolution 3, supporting the ability of American Samoans to vote and serve as commissioned officers in the U.S. military. That same month, the Alaska House Judiciary Committee held a hearing where they questioned state officials regarding their treatment of American Samoans. In April 2025, the Whittier City Council adopted Resolution 2025-020 in which it recognized that “the American Samoan community in Alaska has at times faced discrimination, contributing to a sense of second-class treatment.”
On January 15, 2026 at 1:30 pm, the Alaska Court of Appeals will take up Tupe Smith’s appeal to consider whether the crime of “voter misconduct” requires an intent “to mislead or deceive a public official.” The Alaska Superior Court is also considering a motion by Michael Pese to allow him to provide the grand jury transcript in his case to his wife to show the Court of Appeals how the state’s instructions to the grand jury on intent differ from the legal position the state is taking before the Court of Appeals. The state opposes that motion. The Alaska Superior Court has also set a deadline of January 21, 2026 for the remaining defendants to file any motions to dismiss the charges against them.
Section: RegionalTags: right to democracy
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