In October of 2023, Tupe Smith, an American Samoan, was elected to the school board of Whittier, Alaska.  This is noteworthy because American Samoans are not US citizens.  They are US Nationals.  That means that someone who is not a US citizen was elected to the school board in a city in the United States.  The next month, Tupe Smith was arrested and charged with five counts of voter fraud.  In September 2024, more American Samoans were arrested, resulting in 10 people being charged with voter misconduct.

While the concept of a US National is not new, it is not a term that is commonly used or known.  A U.S. passport can be carried by two groups of people:  the first group is those who are U.S. citizens, naturalized citizens, or U.S. citizens who hold dual nationality; and the second group is U.S. nationals.  U.S. nationals are people who are born in American Samoa or Swains Island to parents who are not U.S. citizens.  Those who are US Citizens can vote in US/state/local elections unless they are living in a US territory.  The US territories are not represented in the electoral college; thus, those residing in the U.S. territories are not able to vote in a General Presidential election. They are only able to vote in local territory elections.  The Congressional delegation representing the US territories is a non-voting member in the US House of Representatives, and there is no U.S. territory delegation in the U.S. Senate.  If you are a U.S. national, the only U.S. election you can participate in is for the American Samoa non-voting member of the US House of Representatives unless you become a U.S. citizen.  American Samoa does not have a member in the U.S. Senate.

The concept of a U.S national is not new.  When a territory is acquired by the United States, either via purchase (like the Louisiana Purchase) or by other means (like the ceded territory of Puerto Rico), the residents of that territory are brought under U.S. protection and become U.S. nationals.  For the residents of a territory to become citizens of the United States requires action by the leadership of the territory and an act of Congress.

In the last decade, people born in American Samoa have twice sought judicial recognition for birthright citizenship.  In both situations, the courts recognized the challenge but also recognized that the leadership of American Samoa did not want citizenship extended to their residents.  The American Samoa leadership argued that the requirements for the territory’s residents to become citizens would impact the “Samoan Way of Life” including communal living, religious traditions, and that Samoan lands should stay in Samoan family hands.

There is significant confusion regarding whether American Nationals should be able to vote.  In 2024, the Oregon Department of Transportation revealed that 302 non-citizens had been registered to vote.  Among those were 178 American Samoans who were misidentified as U.S. Citizens.  There appears to have been confusion in Alaska, resulting in the election of Tupe Smith and the charges against the other American Samoans who had voted in U.S. elections.  Education is necessary within the U.S. State organizations regarding the difference between a U.S. citizen and a U.S. national.

References:

-Alaska v. Smith: Is Being Born in American Samoa a Crime? – https://www.righttodemocracy.us/alaska_v_smith (Reviewed 6.5.25)

-Constitutional Citizenship in the U.S. Territories – https://www.lawfaremedia.org/article/constitutional-citizenship-us-territories (Reviewed 6.6.25)

-Not Everyone Born In American Samoa Wants US Citizenship  – https://www.civilbeat.org/2020/02/not-everyone-born-in-samoa-wants-u-s-citizenship/ (Reviewed 6.6.25)

-Oregon strikes an additional 302 people from voter rolls over lack of citizenship proof – https://apnews.com/article/oregon-voter-registration-citizenship-07624f9087bd51eb283c4f25ec1f2a17 (Reviewed 6.6.25)

-Statehood Process and Political Status of U.S. Territories: Brief Policy Background – https://www.congress.gov/crs-product/IF11792 (Reviewed 6.6.25)

-Voter misconduct hearing follows solidarity event for 10 Whittier American Samoan family members charged in case – https://www.alaskasnewssource.com/2025/05/02/voter-misconduct-hearing-follows-solidarity-event-10-whittier-american-samoan-family-members-charged-case/ (Reviewed 6.5.25)