ANCHORAGE, Alaska (AP) — A state appeals court will decide whether to dismiss felony voter misconduct charges against an Alaska resident born in American Samoa, one of numerous cases that has put a spotlight on the complex citizenship status of people born in the U.S. territory.
The Alaska Court of Appeals heard arguments Thursday in the case against Tupe Smith, who was arrested after winning election to a regional school board in 2023. Smith has said she relied on erroneous information from local election officials in the community of Whittier when she identified herself as a U.S. citizen on voter registration forms.
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State Sen. Forrest Dunbar, left, stands with supporters of Tupe Smith gathered Thursday, Jan. 15, 2026, outside the Boney Courthouse in Anchorage, Alaska, ahead of the Alaska Court of Appeals hearing a challenge to the voter misconduct case brought against American Samoa native Tupe Smith by the state. (AP Photo/Mark Thiessen)
Supporters of Tupe Smith gather outside the Boney Courthouse in Anchorage, Alaska, Thursday, Jan. 15, 2026, ahead of the Alaska Court of Appeals hearing a challenge to the voter misconduct case brought against American Samoa native Tupe Smith by the state. (AP Photo/Mark Thiessen)
Michael Pese and his wife, Tupe Smith, stand outside the Boney Courthouse in Anchorage, Alaska, Thursday, Jan. 15, 2026, ahead of the Alaska Court of Appeals hearing a challenge to the voter fraud case brought against her by the state. (AP Photo/Mark Thiessen)
Michael Pese, left, his wife, Tupe Smith, and their son Maximus pose for a photo outside the Boney Courthouse in Anchorage, Alaska, Thursday, Jan. 15, 2026, ahead of the Alaska Court of Appeals hearing a challenge to the voter fraud case brought against her by the state. (AP Photo/Mark Thiessen)
FILE - Tupe Smith poses for a photo outside the school in Whittier, Alaska, May 13, 2025. (AP Photo/Mark Thiessen, File)
American Samoa is the only U.S. territory where residents are not automatically granted citizenship by being born on American soil and instead are considered U.S. nationals. Paths to citizenship exist, such as naturalization, though that process can be expensive and cumbersome.
American Samoans can serve in the military, obtain U.S. passports and vote in elections in American Samoa, but they cannot hold public office in the U.S. or participate in most U.S. elections.
Smith's attorneys have asked the appeals court to reverse a lower court's decision that let stand the indictment brought against her. Smith's supporters say she made an innocent mistake that does not merit charges, but the state has argued that Smith falsely and deliberately claimed citizenship.
State prosecutors separately have brought charges against 10 other people from American Samoa in Whittier, including Smith’s husband, Michael Pese.
Thursday's arguments centered on the meaning of the word intentionally.
Smith “and others like her who get caught up in Alaska’s confusing election administration system and do not have any intent to mislead or deceive should not face felony voter misconduct charges,” one of her attorneys, Whitney Brown, told the court.
But Kayla Doyle, an assistant attorney general, said that as part of ensuring election integrity, it's important that oaths being relied upon are accurate.
About 25 people gathered on a snowy street outside the Anchorage courthouse before Thursday’s hearing to support Smith. Some carried signs that read, ”We support Samoans.”
State Sen. Forrest Dunbar, a Democrat who attended the rally, said the Alaska Department of Law has limited resources.
“We should be going after people who are genuine criminals, who are violent criminals, or at least have the intent to deceive,” he said.
In a court filing in 2024, one of Smith's previous attorneys said that when Smith answered questions from the Alaska state trooper who arrested her, she said she was aware that she could not vote in presidential elections but was “unaware of any other restrictions on her ability to vote."
Smith said she marks herself as a U.S. national on paperwork. But when there was no such option on voter registration forms, she was told by city representatives that it was appropriate to mark U.S. citizen, according to the filing.
Smith “exercised what she believed was her right to vote in a local election. She did so without any intent to mislead or deceive anyone,” her current attorneys said in a filing in September. “Her belief that U.S. nationals may vote in local elections, which was supported by advice from City of Whittier election officials, was simply mistaken.”
The state has said Smith falsely and deliberately claimed citizenship. Prosecutors pointed to the language on the voter application forms she filled out in 2020 and 2022, which explicitly said that if the applicant was not at least 18 years old and a U.S. citizen, “do not complete this form, as you are not eligible to vote.”
The counts Smith was indicted on “did not have anything to do with her belief in her ability to vote in certain elections; rather they concerned the straightforward question of whether or not Smith intentionally and falsely swore she was a United States citizen,” Doyle said in a court filing last year.
One of Smith's attorneys, Neil Weare, co-founder of the Washington-based Right to Democracy Project, has said the appeals court could dismiss the case or send it back to the lower court “to consider whether the state can meet the standard it has set forth for voter misconduct.” The state also could decide to file other charges if the case is dismissed, he said.
The court did not give a timeline for when it would issue a ruling.
Bohrer reported from Juneau, Alaska.
State Sen. Forrest Dunbar, left, stands with supporters of Tupe Smith gathered Thursday, Jan. 15, 2026, outside the Boney Courthouse in Anchorage, Alaska, ahead of the Alaska Court of Appeals hearing a challenge to the voter misconduct case brought against American Samoa native Tupe Smith by the state. (AP Photo/Mark Thiessen)
Supporters of Tupe Smith gather outside the Boney Courthouse in Anchorage, Alaska, Thursday, Jan. 15, 2026, ahead of the Alaska Court of Appeals hearing a challenge to the voter misconduct case brought against American Samoa native Tupe Smith by the state. (AP Photo/Mark Thiessen)
Michael Pese and his wife, Tupe Smith, stand outside the Boney Courthouse in Anchorage, Alaska, Thursday, Jan. 15, 2026, ahead of the Alaska Court of Appeals hearing a challenge to the voter fraud case brought against her by the state. (AP Photo/Mark Thiessen)
Michael Pese, left, his wife, Tupe Smith, and their son Maximus pose for a photo outside the Boney Courthouse in Anchorage, Alaska, Thursday, Jan. 15, 2026, ahead of the Alaska Court of Appeals hearing a challenge to the voter fraud case brought against her by the state. (AP Photo/Mark Thiessen)
FILE - Tupe Smith poses for a photo outside the school in Whittier, Alaska, May 13, 2025. (AP Photo/Mark Thiessen, File)
CARACAS, Venezuela (AP) — Venezuela’s acting President Delcy Rodríguez used her first state of the union message on Thursday to advocate for opening the crucial state-run oil industry to more foreign investment following the Trump administration's pledge to seize control of Venezuelan crude sales.
For the first time, Rodríguez laid out a vision for Venezuela’s new political reality — one that challenges her government’s most deeply rooted beliefs less than two weeks after the United States captured and toppled former President Nicolás Maduro.
Under pressure from the U.S. to cooperate with its plans for reshaping Venezuela’s sanctioned oil industry, Maduro's former vice president declared that a “new policy is being formed in Venezuela."
She urged the foreign diplomats in attendance to tell investors abroad about the changes and called on lawmakers to approve oil sector reforms that would secure foreign firms' access to Venezuela’s vast reserves.
“Venezuela, in free trade relations with the world, can sell the products of its energy industry,” she said.
The Trump administration has said it plans to control future oil export revenues to ensure it benefits the Venezuelan people.
In that vein, Rodríguez, wearing a bright green pantsuit, described cash from the oil sales flowing into two sovereign wealth funds, one to support crisis-stricken health services and another to bolster public infrastructure, much of which was built under Maduro’s predecessor, Hugo Chávez, and has since deteriorated.
These days the country's hospitals are so poorly equipped that patients are asked to provide supplies needed for their care, from syringes to surgical screws.
While Rodríguez criticized the U.S. capture of Maduro and referred to a “stain on our relations," she also promoted the resumption of diplomacy between the historic adversaries. Her succinct, 44-minute speech and mollifying tone marked a dramatic contrast to her predecessors' fiery rants against U.S. imperialism that often went on for hours.
“Let us not be afraid of diplomacy,” Rodriguez. “I ask that politics not be transformed, that it not begin with hatred and intolerance.”
The day before, she gave a 4-minute briefing to the media to say her government would continue releasing prisoners detained under Maduro's harsh rule. But human rights groups have verified just a fraction of the releases that she claimed took place.
Rodríguez appears to be threading a needle.
A portrait of Maduro and his wife, Cilia Flores, was displayed next to her as she spoke. She called for the U.S. government to "respect the dignity" of Maduro, who is being held in a Brooklyn jail after pleading not guilty to drug-trafficking charges. She portrayed herself as defending Venezuela's sovereignty even as the country warmed up to the U.S. with dizzying speed.
“If one day, as acting president, I have to go to Washington, I will do so standing up, walking, not being dragged," she said. "I'll go standing tall ... never crawling.”
Rodríguez delivered her speech as Venezuela's Nobel Prize-winning opposition leader María Corina Machado was the one in Washington to meet President Donald Trump.
Since Maduro's ouster, Trump has frozen Machado out of discussions about the nation's political fate while embracing Rodríguez, praising Maduro’s long-time loyalist as a “terrific person” after holding his first known phone call with her on Wednesday.
Machado, whose party is considered to have won the tumultuous 2024 presidential elections despite Maduro's claims of victory, said she presented her Nobel Peace Prize medal to Trump during their closed-door conversation.
Emerging from the White House afterward, she greeted dozens of cheering supporters. "We can count on President Trump,” she told them, without elaborating.
Her role in Venezuelan politics remains uncertain as Rodríguez’s government has been effectively relieved of having to hold elections for the foreseeable future.
Machado’s meeting with Trump received no coverage in Venezuela.
The country's state-run TV still pumps out a steady stream of pro-government images, including various statements from Iranian and Russian officials decrying “U.S. aggression" and wall-to-wall coverage of state-orchestrated rallies demanding Maduro's return.
Crowds of teachers on Thursday marched through the streets of Venezuela’s capital, Caracas, carrying posters condemning the U.S. for “kidnapping” Maduro and chanting slogans in support of the government. National police wearing riot gear were everywhere. Pro-government graffiti scrawled across city walls read: “To doubt is to betray."
“They've kept the same anti-imperialist rhetoric going, but more moderated," said David Smilde, a Venezuela expert at Tulane University who has studied Venezuela for 30 years. “Their idea is to give Trump everything he wants economically, but stay the course politically."
On the streets of central Caracas, most Venezuelans going about their days declined to be interviewed about their opinions, fearful of government reprisals as Maduro's security apparatus remains intact. Others were simply at a loss of what to say about their country's strange new reality in which the U.S. claims to call the shots.
“It’s a complete sea of uncertainty, and the only one who now has the power to make decisions is the United States government,” said Pablo Rojas, 28, a music producer.
He said he was following Trump's meeting with Machado closely "to see if she takes a leadership position, if they consider her ready to lead the country or be a candidate." He shook his head in puzzlement. “It’s impossible to know what will happen.”
Associated Press writers Isabel DeBre in Buenos Aires, Argentina, and Megan Janetsky in Mexico City contributed to this report.
Follow AP’s coverage of Latin America and the Caribbean at https://apnews.com/hub/latin-america
Ceylis Mendez and her daughter Zoe cool off in the Gulf of Venezuela in front of the Cardon oil refinery off the shore of Punta Cardon, Venezuela, Wednesday, Jan. 14, 2026. (AP Photo/Matias Delacroix)
Flames rise from flare stacks at the Amuay refinery in Los Taques, Venezuela, Wednesday, Jan. 14, 2026. (AP Photo/Matias Delacroix)
Venezuela's acting President Delcy Rodriguez, left, and Interior Minister Diosdado Cabello arrive at the National Assembly in Caracas, Venezuela, Thursday, Jan. 15, 2026. (AP Photo/Ariana Cubillos)
Venezuela's acting President Delcy Rodriguez addresses lawmakers next to a picture of former President Nicolas Maduro and his wife Cilia Flores, at the National Assembly in Caracas, Venezuela, Thursday, Jan. 15, 2026. (AP Photo/Ariana Cubillos)
Venezuela's acting President Delcy Rodriguez, center, her brother National Assembly President, Jorge Rodriguez, left, and Interior Minister Diosdado Cabello arrive at the National Assembly in Caracas, Venezuela, Thursday, Jan. 15, 2026. (AP Photo/Ariana Cubillos)
Venezuela's acting President Delcy Rodriguez addresses the National Assembly in Caracas, Venezuela, Thursday, Jan. 15, 2026. (AP Photo/Ariana Cubillos)
Venezuela's acting President Delcy Rodriguez addresses the National Assembly in Caracas, Venezuela, Thursday, Jan. 15, 2026. (AP Photo/Ariana Cubillos)
Venezuela's acting President Delcy Rodriguez makes a statement to the press at Miraflores presidential palace in Caracas, Venezuela, Wednesday, Jan. 14, 2026. (AP Photo/Ariana Cubillos)
Venezuela's acting President Delcy Rodriguez, center, smiles flanked by Interior Minister Diosdado Cabello, right, and National Assembly President Jorge Rodriguez after making a statement to the press at Miraflores presidential palace in Caracas, Venezuela, Wednesday, Jan. 14, 2026. (AP Photo/Ariana Cubillos)
