American Samoa is the only US territory without birthright citizenship, and it complicates voting

Key Points:

• The Alaska Department of Law dropped charges against Tupe Smith and others after a Court of Appeals ruling required proof of defendants' "consciousness of wrongdoing" in voter registration cases, which prosecutors could not establish beyond a reasonable doubt.
• Smith and 10 others from Whittier were charged with falsely claiming U.S. citizenship during voter registration or voting; Smith had been arrested after winning a regional school board election in 2023.
• Smith's defense argued she relied on incorrect guidance from election officials and that Alaska law necessitates proving intentional wrongdoing, not just false statements, to impose felony liability.
• The Court of Appeals found flaws in police questioning and the grand jury process, leading to the overturning of earlier rulings that kept charges alive against Smith.
• Legal representatives criticized the prosecution for lacking evidence of intentional misconduct, emphasizing the importance of the court's decision in safeguarding honest mistakes from felony charges.