Alaska Appellate Court Overturns Voter Misconduct Indictment Against Whittier Woman
The Alaska Court of Appeals has dismissed a felony voter misconduct indictment against Tupe Smith, a Whittier resident, ruling that state prosecutors applied an incorrect legal standard and that grand jurors were misled by trooper testimony. The unanimous 20-page opinion, authored by Chief Judge Jo-Ann Allard, stated that Alaska's first-degree voter misconduct statute requires proof of a "consciousness of wrongdoing." The court rejected the state's argument that merely checking an incorrect box on a form, regardless of intent or confusion, is sufficient for a felony conviction. Smith, an American Samoan resident, faced up to 10 years in prison. This decision is a significant victory for Smith and could have broad implications for nine of her family members facing similar felony charges, stemming from a dispute over citizenship, voter registration forms, and birthright status. Smith, born in American Samoa, is classified as a non-citizen U.S. national under federal law and had been active in the Whittier co... 
