Ballot Measure 3 and Voter Information

Ballot Measure 3 proponents claim that the current Alaska statute on voter registration is vague. Supporters include former State Senator John Coghill, former Alaska House Speaker Mike Chenault, and former State Senator Josh Revak. Sen. Coghill cited the recent case against Tupe Smith as proof of the vagueness. In 2023, state troopers arrested and state prosecutors charged Ms. Smith and 10 other American Samoans with first degree voter misconduct. Ms. Smith is a U.S. national who lives in Whittier.

The United States Code defines “national of the United States” as:

“(A) a citizen of the United States, or (B) a person who, though not a citizen of the United States, owes permanent allegiance to the United States.”

This definition means that all U.S. citizens are U.S. nationals, but not all U.S. nationals are U.S. citizens. As a practical matter, U.S. nationals in Alaska include people born in American Samoa or the Commonwealth of the Northern Mariana Islands. U.S. nationals differ from Green Card holders because U.S. nationals have an irrevocable right to reside in the United States without limitation, while Green Card holders have a right to permanent residence in the United States that is revocable. Ms. Smith and the other 10 American Samoans from Whittier are U.S. nationals, but not U.S. citizens.

When Ms. Smith was filling out her voter registration, an election official had told her that she should check the box marked “U.S. Citizen” since there was no box marked “U.S. National.” While the current statute does not use the word “only,” Alaska has always required citizenship to vote in all federal, state, or local elections. In Ms. Smith’s case, issues arose about the intentional state of mind required in the voter misconduct statute. On September 4, 2026, the Alaska Court of Appeals ruled in Ms. Smith’s favor and ruled that the criminal statute requires proof that “the defendant acted with a consciousness of wrongdoing in purposely or deliberately making a false sworn statement under oath.” The court distinguished “a specific consciousness of wrongdoing” from “mere knowing conduct.” This ruling led to the State dropping the case against Ms. Smith and the other 10 American Samoans on September 11, 2026.

Sen. Coghill asserts that changing the wording of the statute will make it clear that U.S. Nationals cannot vote in Alaska and make a case like Ms. Smith’s less likely to occur again. Sen. Coghill further asserts that approving Ballot Measure 3 clarifies that Alaska does not want non-citizens to vote. Proponents note that a few other cities such as Washington, D.C. allow non-citizens to vote in local elections. They assert that the legislature is unlikely to ever pass a law allowing non-citizens to vote in any Alaska election if the voters approve Ballot Measure 3 in 2026.

Ballot Measure 3 opponents contend that the law is not vague, the law is well-enforced, and the Alaska legislature has never proposed a change to allow U.S. nationals to vote in local elections. They note that the Alaska Constitution, Article V, Section 1 states: “Every citizen of the United States who is a least eighteen years of age, who meets registration residency requirements which may be prescribed by law, and who is qualified to vote under this article, may vote in any state or local election.” And they cite the Tupe Smith case as an example of enforcing the current law.

Former Attorney General Bruce Botelho asserts that election officials are taught that U.S. nationals cannot vote and adding “only” doesn’t change anything. Mr. Botelho suggests that the strategic purpose for this measure is not to provide clarification, but to increase conservative voter turnout in the general election. Since 2018, 15 states have passed amendments or clarifying language that only U.S. Citizens can vote in state and local elections. Most of these states have a Republican majority or had Republican politicians initiate the measure. According to Mr. Botelho, Sen. Coghill’s work to have the electorate vote on the measure in the general election rather than have the legislature vote on a measure during the legislative session further supports this analysis. Mr. Botelho asserts that Ballot Measure 3 is a meaningless clarification that is being used as a political tactic.