Alaska appeals court dismisses noncitizen voting case against American Samoan | James Brooks/Alaska Beacon
A three-judge panel of the Alaska Court of Appeals ruled Friday that state prosecutors misled grand jurors who indicted a Whittier resident for allegedly voting illegally.Had jurors received accurate information, the court said, “the grand jury likely would have declined to indict.” Tupe Smith, the plaintiff behind Friday’s decision, is one of 11 people — all American Samoans — whom the state of Alaska has accused of criminally violating state law. Smith had filed a motion to dismiss the case against her, but a state superior court judge ruled against that motion. In Friday’s 20-page ruling, the three-judge panel reversed the lower court’s rejection and in the process, it also defined a high standard that prosecutors must meet in order to convict someone of voting illegally in Alaska. Read Article
