Members of Alaska’s Court of Appeals appeared skeptical Thursday about Alaska prosecutors’ claim that a Whittier resident from American Samoa, Tupe Smith, violated state law when she ran for school board in 2023.
The Alaska Beacon reports that in an hour-long oral argument, a three-judge appeals panel heard arguments for and against Tupe Smith, who is accused of elections misconduct.
In 2023, the state of Alaska charged Smith with elections misconduct after she signed a document declaring that she was a U.S. citizen.
She has said she knew she couldn’t vote for President but didn’t know that she could not vote or run for office in local elections.
Since Smith was charged, the state has charged 10 other Whittier residents with similar crimes for almost identical reasons.
The case against Tupe Smith is in Anchorage Superior Court, but after a judge ruled against her request to have her indictment dismissed, she appealed the dismissal.
Unusually, the appeals court took up the issue immediately, without waiting for the Superior Court to rule on Smith’s guilt or innocence.
Attorneys representing Smith have argued that state law specifies that someone can’t break elections law unless they knowingly attempt to deceive elections officials.
Smith didn’t intend to deceive, her attorneys argue, and even an Alaska State Trooper investigating the alleged crime got the law wrong, they said.
Attorneys representing the state have argued that in the context of elections law, intentionally and knowingly should be read similarly, but on Thursday, the appellate panel repeatedly questioned the state’s arguments.
Judge Marjorie Allard said “At least for me — I don’t know about the other judges — I don’t think it can possibly mean ‘knowingly.’ It has to mean something else. But what that something else is, is where I think it’s difficult.
Judge Bethany Harbison offered a similar remark.
“It does seem as though the Legislature did intend … that there be a kind of consciousness of wrongdoing … that it includes an intent to deceive, because that’s what this case seems to be ultimately about,” she said.
“If the issue is that you have to intentionally — meaning you have to want to make a false statement … then that’s a defense, and perhaps the grand jury would not indict it,” Harbison said.
At the end of the hearing, the justices took the case under advisement, with a written decision to be published later.
About 25 people gathered on a snowy street outside the courthouse before Thursday’s hearing to support Smith.
One woman, Fran Seager of Palmer, held a sign that said, “Support our Samoans. They are US nationals.”
Smith’s husband, Michael Pese, thanked the American Samoa community in the Anchorage area. “If it wasn’t for you guys, I wouldn’t be strong enough to face this head on,” he said.
