Governor Pulaalii Nikolao Pula is urging Alaska Governor Mike Dunleavy to consider administrative action rather than criminal prosecution for 11 American Samoans charged with voter misconduct and other offenses in Whittier, Alaska.
The state contends they falsely claimed U.S. citizenship when registering or attempting to vote.
In an October 28 letter to his Alaska counterpart, Governor Pulaalii noted that Alaska now has the second highest concentration of Samoans of any state and is in the top five of absolute numbers. “Unfortunately nearly a dozen American Samoans in Whittier are now facing up to 5-10 years in jail simply for following the guidance they received from state and local officials,” he said.
The Governor pointed out that the distinction between US nationals and US citizens can be a source of confusion at the federal, state and local level. “In fact the rights of American Samoans can vary from state to state even from city to city. This can create problems since most government officials are unaware there is any distinction between a US citizen and a US national much less able to explain what those distinctions are.”
He explained that when American Samoans in Alaska lawfully apply for the Permanent Fund Dividend, many have automatically been registered to vote even when they indicate they are a US national and not a US citizen. It was his understanding other American Samoans have been told by Department of Motor Vehicle officials to check the US citizen box in the absence of an option to indicate their status as a US national. He has also read that elected officials have often told American Samoans they are eligible to vote in local elections in Alaska, encouraging them to register, vote and even run for office.
Governor Pulaalii said the confusion is not unique to Alaska. In Oregon several hundred American Samoans were registered to vote based on errors in how the state processed applications for state drivers licenses. In Hawaii one American Samoan woman ran for office not knowing she was ineligible to do so. And several years ago US military also realized that many American Samoan US nationals were serving as officers in the military when only US citizens are allowed to do so.
But he said in none of all these situations were any criminal charges filed. Instead, federal, state and local officials worked to identify how the problem had arisen, fix them and undertake education and engagement of public officials and the community at large.
The Governor pointed out the issue was personal for him. As an employees of the US Department of Interior he was required to apply for a national security clearance. The form only provided the choice of US citizen or foreign national. He checked US citizen. When asked why he checked US citizen his answer was that he was born on US soil in American Samoa and pledged allegiance to the flag of the United States of American his entire life. If he had chosen foreign national not only was that inaccurate it would have erased his identity as both a proud American and a proud America Samoan.
“Needless to say I got my security clearance, was not disciplined for checking the box that I was a US citizen and went on to serve a distinguished career in federal service, and now the elected governor of my people,” he wrote.
The Governor emphasized that only those who are eligible to vote should be allowed to do so whether in Alaska, American Samoa or any where else in the United States. But he urged the Governor Dunleavy to consider whether criminal prosecution is the proper path forward in this situation or whether these kinds of election administration issues might be better addressed administratively, as has been done in other jurisdictions.
