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The ACLU and ACLU of Alaska have filed an amicus in support of Tupe Smith, a woman born in American Samoa who now lives in Whittier, Alaska charged with falsely affirming that she was a U.S. citizen when she registered to vote. But Tupe Smith is not an 鈥渁lien鈥� under the law. People, like her, born in the U.S. territory of American Samoa are the only remaining individuals recognized as 鈥渘on-citizen U.S. nationals,鈥� a unique status that falls short of 鈥渃itizen鈥� but nonetheless recognizes that American Samoa has been part of the United States for over 125 years.   All evidence indicates that Ms. Smith believed that, as a non-citizen U.S. national, she was eligible to vote in local elections when she registered to vote. In fact, local election officials encouraged her to check the box labeled "U.S. citizen" when she registered, given the fact that there was no option for "U.S. national."   Our amicus brief urges Alaska鈥檚 Court of Appeals to dismiss Tupe Smith鈥檚 indictment because of well-settled principles that election-crime statutes should be construed to avoid punishing innocent mistakes. Separately, we warn that upholding a different view of the law would make Alaska an outlier among the states.

This case involves a state constitutional challenge to South Carolina鈥檚 2022 congressional redistricting plan, which legislators admit was drawn to entrench a 6-1 Republican majority in the state鈥檚 federal delegation. Plaintiff the League of Women Voters of South Carolina has asked the state鈥檚 Supreme Court to conclude that the congressional map is an unlawful partisan gerrymander that violates the state constitution.

Representing Western Native Voice and four sovereign tribal nations in Montana, the 老熟女午夜福利, ACLU of Montana, and Native American Rights Fund (NARF) challenged the latest in a line of Montana laws that hinder Native American participation in the state鈥檚 electoral process 鈥� SB 490, which drastically limits access to Election Day voter registration (EDR) in Montana. These laws violate a number of provisions in the Montana Constitution: the right to vote, equal protection, and due process.

Just two weeks out from the November 2024 presidential election, Iowa Secretary of State Paul Pate issued a directive to county clerks to challenge more than 2,000 voters at the polls on Election Day and force them to vote a provisional ballot that will count only if the voter can prove their citizenship. The Secretary鈥檚 list of more than 2,000 voters does not adequately account for Iowans who have recently become U.S. citizens through naturalization, and thus risks disenfranchising scores of eligible voters based on national origin. The Secretary鈥檚 eleventh-hour gambit violates several provisions of the U.S. Constitution and federal law, and we have thus filed emergency suit to enjoin the directive.