Alaska court weighs voter misconduct charges in case that casts light on status of American Samoans

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.

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)

WEST DES MOINES, Iowa (AP) — Sgt. 1st Class Nicole Amor was just days away from returning home to her husband and two children when a drone strike at a command center in Kuwait killed her and five other U.S. service members.

“She was almost home,” her husband, Joey Amor, said from their home in White Bear Lake, Minnesota, on Tuesday. “You don’t go to Kuwait thinking something’s going to happen, and for her to be one of the first – it hurts.”

Amor was one of four U.S. soldiers killed in the Iran war on Sunday and identified Tuesday by the Pentagon; two soldiers haven't yet been publicly identified. The members of the Army Reserve worked in logistics and kept troops supplied with food and equipment.

They died just one day after the U.S. and Israel launched its military campaign against Iran. Iran responded by launching missiles and drones against Israel and several Gulf Arab states that host U.S. armed forces.

Those killed also included Capt. Cody Khork, 35, of Winter Haven, Florida; Sgt. 1st Class Noah Tietjens, 42, of Bellevue, Nebraska; and Sgt. Declan Coady, 20, of West Des Moines, lowa, who was posthumously promoted from specialist. No other names were released.

“These men and women all bravely volunteered to defend our country, and their sacrifice will never be forgotten,” Army Secretary Daniel Driscoll said.

All were assigned to the 103rd Sustainment Command, which provides food, fuel, water and ammunition, transport equipment and supplies.

“Sadly, there will likely be more, before it ends. That’s the way it is,” President Donald Trump said of deaths.

Coady had just told his father last week that he had been recommended for a promotion from specialist to sergeant, a rank he received posthumously.

He was one of the youngest people in his class but seemed to impress his instructors, his father Andrew Coady said Tuesday.

“He was very good at what he did," he said.

Coady trained as an information technology specialist with the Army Reserves and was studying cybersecurity at Drake University in Des Moines. He was taking online classes while in Kuwait and wanted to become an officer.

“I still don’t fully think it’s real,” his sister Keira Coady said. “I just remember all of our conversations about what he was going to do when he came back.”

Amor, 39, was an avid gardener who enjoyed making salsa from the peppers and tomatoes in her garden with her son, a senior in high school. She also enjoyed rollerblading and bicycling with her fourth-grade daughter.

A week before the drone attack, Amor was moved off-base to a shipping container-style building that had no defenses, Joey Amor said.

“They were dispersing because they were in fear that the base they were on was going to get attacked and they felt it was safer in smaller groups in separate places,” he said.

He last spoke to her about two hours before she was killed. He said she was working long shifts and they had been messaging about her tripping and falling the night before.

“She just never responded in the morning,” he said.

Khork was very patriotic and drawn from a young age to serving the U.S., his family said in a statement Tuesday.

He enlisted in the Army Reserve and joined Florida Southern College’s ROTC program.

“That commitment helped shape the course of his life and reflected the deep sense of duty that was always at the core of who he was,” said his mother, Donna Burhans, father, James Khork, and stepmother, Stacey Khork, in a statement.

Khork also loved history and had a degree in political science.

His family described him as “the life of the party, known for his infectious spirit, generous heart, and deep care for those who served alongside him and for everyone blessed to know him.”

One of Khork’s friends, Abbas Jaffer, posted on Facebook on Monday that he had lost the best person he had ever known.

“My best friend, best man, and brother gave his life defending our country overseas,” Jaffer said. Khork and Jaffer had been friends for more than 16 years.

Tietjens lived with his family in the Washington Terrace mobile home park in the Omaha suburb of Bellevue, Nebraska. He was married with a son, according to a Facebook page.

Tietjens earned a black belt in Philippine Combatives and Taekwondo and was “an instructor who gave his time, discipline, and leadership to others,” the Philippine Martial Arts Alliance said in a Facebook post.

On the mat and as a soldier, “he carried the same values: honor, discipline, service, and commitment to others,” the organization said.

Nebraska Gov. Gov. Pillen paid tribute to the family Tuesday.

“Noah stepped up to serve and defend the American people from foreign enemies around the world — a sacrifice we must never forget," he wrote.

“We are holding the Tietjens family close in our hearts during this unbelievably difficult time and will keep them in our prayers," he said.

Boone contributed from Boise, Idaho, and Toropin from Washington. Associated Press reporters Sarah Raza in Sioux Falls, South Dakota; Ed White in Detroit; Josh Funk in Omaha, Nebraska; David Fischer in Miami and Hallie Golden in Seattle contributed to this report.

Keira Coady talks about her brother, Sgt. Declan Coady, 20, of West Des Moines, Iowa, outside her home, Tuesday, March 3, 2026, in West Des Moines, Iowa. (AP Photo/Charlie Neibergall)

Andrew Coady and his daughter Keira, right, talk about his son, Sgt. Declan Coady, 20, of West Des Moines, Iowa, outside their home, Tuesday, March 3, 2026, in West Des Moines, Iowa. (AP Photo/Charlie Neibergall)

Keira Coady holds a photo of her brother, Sgt. Declan Coady, 20, of West Des Moines, Iowa, outside her home, Tuesday, March 3, 2026, in West Des Moines, Iowa. (AP Photo/Charlie Neibergall)

Keira Coady talks about her brother, Sgt. Declan Coady, 20, of West Des Moines, Iowa, outside her home, Tuesday, March 3, 2026, in West Des Moines, Iowa. (AP Photo/Charlie Neibergall)

This image provided by U.S. Central Command shows aircraft on the flight deck of the USS Abraham Lincoln (CVN 72) that are operating in support of the war in Iran, on Tuesday, March 3, 2026. (U.S. Navy via AP)