By: James Brooks, Alaska Beacon
A document submitted by the Alaska Division of Elections to the U.S. Department of Justice in response to a nationwide data request names 70 possible noncitizens who voted or attempted to vote in state or local Alaska elections since 2015.
Among the 70 people are 10 American Samoans from Whittier who now face state criminal charges related to their voting. American Samoans are not considered U.S. citizens by the state, and civil charges against an 11th individual are now being considered by the Alaska Court of Appeals.
Noncitizen voting remains extraordinarily rare, nationwide figures show, and Carol Beecher, director of the Alaska Division of Elections, said there is no evidence that noncitizen voting changed the result of last year’s elections here.
Ahead of last year’s elections, Donald Trump and other Republican politicians said they believed large numbers of non-U.S. citizens would seek to vote and influence the result of elections.
Since becoming president, Trump has asked Congress to impose citizenship checks on all potential voters. His Department of Justice has asked all 50 states for copies of their voter lists in order to create a national government database.
Alaska turned over its voter list and other documents to the U.S. Department of Justice last month.
In response to a public records request filed by the Alaska Beacon, the Alaska Division of Elections provided copies of documents it delivered to federal authorities.
Most of the documents, including a copy of the state’s official voter list, were already public. The voter list, for example, is available for purchase from any state elections office and doesn’t include sensitive information beyond a voter’s name, how often they’ve voted, and where they live.
The state’s inactive voter list — showing people whose voter registrations have been flagged for review and possible removal — is also a public record, but it isn’t commonly circulated. Inactive voters can’t cast a ballot without additional ID checks.
WHERE’S THE LIST?
Ordinarily, the Alaska Beacon publishes copies of the documents it obtains via public records requests, but in this case, we’re not publishing the list.
The inactive voter list contains the names and addresses of tens of thousands of Alaskans who have committed no wrongdoing, and we believe the potential harm outweighs the benefit of publishing it.
The list may become available from other sources or news outlets, but because people may be listed as “noncitizens” due to paperwork errors or other innocent mistakes, and because we aren’t able to verify the citizenship of all 541 people, we’re not publishing it.
The inactive voter list provided to the DOJ and to the Beacon is from August. It includes 541 people whose voter records were tagged “NC” for non-citizen.
But it’s not clear whether these Alaskans are noncitizens or were on the list because of mistakes.
Carol Beecher, director of the Alaska Division of Elections, said some people may have been erroneously labeled, so it isn’t correct to say that there were 541 noncitizens registered to vote.
“As we get more information, things change. So what I’m telling you today on a number may change tomorrow because of new information that we got,” Beecher said in an extended interview on Wednesday.
Stephen Kirch, the division’s spokesperson, said by email that “the DOE cannot say with any degree of certainty whether the current number of NC-coded entries is ‘abnormal’ or ‘unusual’ in a historical context. This is because the number is a moving target and not a static one; it is not tracked.”
The inactive voter list shows only people whose records have been flagged for additional attention and isn’t confirmation that they are not citizens. It may include people who filled out paperwork incorrectly or registered to vote shortly before becoming a citizen.
“It’s really hard to say whether this particular number (541) is a problem, because there’s so many questions behind even that particular number,” said Mara Kimmel, a former immigration attorney who now works as executive director of the Alaska chapter of the American Civil Liberties Union.
That total also might miss noncitizens who are on the active voter list but haven’t yet been identified.
Beecher said she considers the “NC” tag to be “kind of like a file drawer. You put things into that file based on the status when you put it in there. But that could change.”
Kimmel said that the issue is “never as easy as it seems or as it would be framed. … Noncitizens voting has become a real political hot-button issue.”
In her experience, “there’s so much confusion and misinformation that is born out of a benign desire to participate in your new home.”
In Alaska, residents can register to vote by contacting the Alaska Division of Elections. Residents are also asked if they want to register when they update their driver’s license, get a new driver’s license, and apply for the annual Permanent Fund dividend.
As Beecher explained, if someone attests that they’re not a citizen through one method but says they are a citizen via a different method, that gets the attention of authorities.
“When we have gone in there and looked and contacted them, we have found that usually it was a mistake,” she said.
In other cases, particularly with the state’s “motor-voter” program, the mistake might come from a typo or someone’s misunderstanding of the rules, particularly if they don’t speak fluent English, as might be the case with new immigrants.
The Division of Elections doesn’t have investigative powers, which means voting officials rely on an applicant’s sworn oath about their citizenship. There’s no automatic double-checking, and it’s federally unconstitutional for the division to ask for proof of citizenship.
Judges have thrown out a Kansas law that required voters to verify citizenship, and the U.S. Supreme Court has only partially allowed a different Arizona law.
“All we get is the affirmation, and however frustrating that can be for everyone out there to say, ‘Well, why can’t you make sure?’ Well, we are not given that authority. So essentially, the division takes people at their word is really what it comes down to,” Beecher said.
If someone’s registration is flagged by a complaint or because of a discrepancy in the records, the division forwards the case to the Alaska Department of Law for investigation.
“We provide them with documents if they request that, as pursuant to an investigation, but if not, we may never hear from them,” Beecher said of the investigation.
In 2023, the division flagged the registration of Tupe Smith, a Whittier resident, after she ran for and won a seat on the local school board.
Smith was born in American Samoa, an island territory in the South Pacific. Its residents are U.S. nationals — having some of the same legal rights as other Americans — but aren’t citizens.
During the subsequent investigation, Alaska State Troopers learned of 10 other American Samoans who had voted in Alaska. The state charged them with civil crimes in April, and this week, they were indicted.
All 10 are labeled noncitizens on the inactive voter list supplied to the Beacon and Department of Justice. They, and another 60 other people, are shown as having voted or attempted to vote at least once during the past 10 years.
It isn’t clear whether all of those ballots were actually counted. Many are labeled as “questioned,” meaning that they were subject to additional ID verification. Beecher said “it’s possible” that some were counted but that she didn’t have numbers.
She believes “very few” noncitizens have voted.
“I’m speaking very anecdotally, because I don’t have those kinds of numbers for you, but our sense is that it’s very small. And I think the underlying reason for that is because there is no nefarious intent out there to try to sway an election. It’s people who either — and this is my personal opinion — they’re confused about the rules or somehow ended up marking something that they didn’t understand,” Beecher said.
Alaska had 605,302 registered voters on Aug. 3, according to Division of Election statistics.
If the noncitizen-tagged voters on the inactive list had still been active, they would have represented just 0.09% of Alaska voters.
Last year, 340,981 Alaskans voted in the state’s November general election. The division’s inactive list shows six noncitizens either voted or attempted to vote in that election.
In Michigan, officials announced in April that they had found 16 credible cases of noncitizen voting out of about 5.7 million votes cast overall, or one per every 360,000 votes.
Nationally, noncitizen voting remains exceptionally rare.
Sen. Bill Wielechowski, D-Anchorage and a supporter of election reform legislation in Alaska, noted that the rate of noncitizen voting in Alaska is likely well below the rate at which legitimate voters are being disqualified because of problems with the state’s absentee voting system.
“Any time you have people who are voting that shouldn’t be voting, that’s cause for concern,” Wielechowski said in an interview Wednesday.
“But at the same time, we’ve got hundreds of people that we know of, actually thousands of people who were disenfranchised,” he said, referring to the state’s regular practice of disqualifying absentee ballots because of submittal errors.
“In rural Alaska, we had 10% or 15% of the population in rural Alaska that was disenfranchised a couple of years ago, legitimate voters who were disenfranchised because of a bureaucratic technicality that’s not even checked. So I think there’s bigger problems,” Wielechowski said.
In 2023, Rep. Sarah Vance, R-Homer, proposed legislation that would have required the Division of Elections to cross-check the state’s voter rolls with a national citizenship database.
“I always like to presume innocence, but we have to put the safeguards in place, and by having the division use those databases as a check and balance, I think that’s a very simple way to make sure that we’re crossing our T’s and dotting I’s,” Vance said Wednesday.
She noted that current Speaker of the House Bryce Edgmon, I-Dillingham, won his 2006 primary election via a coin toss that followed a tied election.
“When you look at how slim some of our elections are, how tight races can be, these numbers matter,” she said.
The Alaska Senate stripped out Vance’s citizenship provision and passed a revised bill, but the Republican-led House failed by a single vote to take up the legislation on the last day of the regular session in 2024. The bill died at the end of the session, and lawmakers started anew this spring.
In recent years, the Alaska Department of Law has requested funding for a part-time elections investigator. The Legislature has not approved that request.
“We shouldn’t have anyone voting in our elections on any level who shouldn’t be,” Vance said.
“This is important and significant because we want to make sure that we protect the sovereignty of every individual’s vote,” she said.
