Complex Legal Battle Exposes Century-Old Colonial Framework

Ten Alaska residents from American Samoa now face serious criminal charges for what they believed was their civic duty – voting in local elections. This unprecedented case in the tiny town of Whittier has become the epicenter of a broader national debate about citizenship rights, territorial status, and America’s complex colonial legacy.

The case strikes at the heart of American democracy itself. These residents, all born on U.S. soil in American Samoa, face felony charges carrying up to 10 years in prison for falsely claiming citizenship when registering to vote. Yet their story reveals a troubling truth: American Samoans are the only people born on U.S. territory who don’t automatically receive citizenship.

The Whittier Family at the Center

The charges center on a close-knit family in Whittier, Alaska – a remote community of just 260 residents where nearly everyone lives in the same 14-story building. Michael Pese, a volunteer firefighter, and his wife Tupe Smith moved to this isolated town accessible only through a single tunnel shared with trains.

Smith’s troubles began when she ran for the local school board in 2023. As the only candidate, she won with 95% of the vote. She had repeatedly asked election officials whether she could vote as a U.S. national and was told she could participate in local elections.

“Before running for the school board seat, Ms. Smith repeatedly asked local election officials for guidance about whether she was eligible to vote as a U.S. national,” explains the ACLU of Alaska. “She was told she could and so believed she was able to vote in Whittier’s local election.”

The Arrest That Shook a Community

One morning while making breakfast for her children, Alaska State Troopers came knocking. They questioned Smith about her voting history, then arrested her.

“When they put me in cuffs, my son started crying,” Smith told the Associated Press. “He told their dad that he don’t want the cops to take me or to lock me up.”

The arrest marked the beginning of an investigation that would eventually snare ten family members, ranging in age from their 20s to 60s. Among them is 65-year-old grandmother Millie Suli, who attended her court hearing by phone from a hospital where she’s receiving cancer treatment.

The Colonial Legacy Behind the Crisis

To understand this case, we must examine American Samoa’s unique history. Unlike other U.S. territories, American Samoa was never conquered or purchased. Instead, Samoan chiefs entered into voluntary agreements with the U.S. government in 1900 and 1904, known as Deeds of Cession.

These agreements came with conditions – the U.S. must respect Fa’a Samoa (the Samoan way of life). This includes communal land ownership and traditional governance structures. Today, 90% of American Samoan land remains communally held, and only ethnic Samoans can serve in the territorial legislature.

While residents of Puerto Rico, Guam, the U.S. Virgin Islands, and the Northern Mariana Islands gained automatic citizenship, American Samoans received a different classification: U.S. nationals. This status gives them U.S. passports and the right to live anywhere in the United States, but denies them fundamental democratic rights.

The Confusion That Led to Charges

The complexity of this status creates widespread confusion. American Samoans can receive many benefits reserved for citizens, including Medicaid, food assistance, and Alaska’s Permanent Fund Dividend. They serve in the military at higher rates than any state and must register for Selective Service.

Yet they cannot vote in federal elections or, in most places, local ones. The voting forms historically didn’t include options for U.S. nationals, forcing people like Smith to check a “U.S. citizen” box when no other option existed.

“Alaska law even recognizes American Samoans as ‘U.S. citizens’ for certain purposes,” notes the ACLU. “All of this only adds to the confusion.”

A Pattern Across States

Alaska isn’t alone in grappling with this issue. In Oregon, officials inadvertently registered nearly 200 American Samoans through automatic voter registration. However, Oregon determined no crime occurred and made administrative corrections.

Hawaii faced similar confusion when American Samoan resident Sai Timoteo ran for state legislature in 2018 before learning she couldn’t hold office. “I checked that box my entire life,” she said about the citizenship requirement. Hawaii responded by clarifying its forms rather than pursuing criminal charges.

The Human Cost of Prosecution

The Alaska case raises serious questions about prosecutorial priorities. Public defender Matt DiTullio argued in court that several defendants are actually U.S. citizens through their parents or grandparents born in the mainland U.S.

“I’ve informed the state of this,” DiTullio said. “And they’ve chosen to indict anyway.”

The investigation consumed significant resources. Over a dozen Alaska State Troopers were deployed to Whittier to investigate non-violent voting allegations. The ACLU questions why these resources weren’t used for more pressing public safety matters.

“There are pressing questions about this investigation,” the ACLU writes. “Why were over a dozen State Troopers deployed to pursue allegations of non-violent crimes? How much did it cost Alaskans to carry out this investigation?”

The Broader Stakes

This case arrives amid heightened national attention on voting rights and election integrity. President Trump has made false claims about widespread non-citizen voting, despite investigations consistently showing such cases are exceptionally rare.

Attorney Neil Weare, who represents Smith, suggests these prosecutions target “low-hanging fruit” in the absence of evidence supporting claims of widespread illegal voting. The case highlights how political rhetoric can have devastating consequences for law-abiding families.

The Path Forward

Legal experts and civil rights advocates argue the solution isn’t criminal prosecution but administrative reform. States like Oregon have shown how to handle these situations through education and administrative corrections rather than criminal charges.

The Pacific Community of Alaska had reached out to state election officials in 2021 and 2022 seeking clarity on American Samoan voting rights. They never received direct answers. Only in 2024 – after the voting forms were signed – did officials clarify that American Samoans couldn’t vote in Alaska elections.

“It is my hope that this is a lesson learned, that the state of Alaska agrees that this could be something that we can administratively correct,” said Tafilisaunoa Toleafoa with the Pacific Community of Alaska.

A Question of Justice

The Whittier case forces us to confront uncomfortable truths about American democracy. How can we prosecute people for voting when our own government systems created the confusion? How can we justify denying basic democratic rights to people born on U.S. soil who serve in our military and pay our taxes?

Michael Pese, facing years in prison for what he believed was his civic duty, put it simply: “To me, I’m an American. I was born an American on U.S. soil. American Samoa has been U.S. soil, U.S. jurisdiction, for 125 years. According to the supreme law of the land, that’s my birthright.”

The Alaska Court of Appeals will ultimately decide Smith’s case, with broader implications for all American Samoans. But the real question isn’t legal – it’s moral. In a democracy that prides itself on equal rights and justice for all, can we continue to maintain a two-tiered system of citizenship based solely on which U.S. territory someone calls home?

The Time for Change

This case should serve as a wake-up call. Rather than criminalizing civic engagement, we must address the root cause: a colonial framework that denies basic rights to American citizens and nationals.

The solution requires both immediate administrative reform and longer-term legislative action. States must clarify their voting procedures and provide proper options for U.S. nationals. Congress must address the broader questions of territorial rights and citizenship.

Most importantly, we must recognize that American Samoans like the Whittier families aren’t criminals – they’re Americans seeking to participate in the democracy they’ve served and supported their entire lives.

The path forward is clear: Fix the system, not the people caught in its contradictions.

Call to Action: Contact your representatives and demand clarity on voting rights for all Americans, regardless of which territory they call home. Support organizations working to reform these outdated colonial frameworks and ensure equal justice under law.