DENVER (AP) — A Colorado appeals court has determined that the sentencing of a former county clerk, Tina Peters, should be reassessed. Peters, who was convicted due to her involvement in a scheme to substantiate claims of fraud in the 2020 presidential election, was initially sentenced based on statements considered as protected free speech.
Peters, who was serving a nine-year prison sentence, was found guilty of state crimes for orchestrating the unauthorized copying of her county’s election computer system during a 2021 software update. This breach led to the dissemination of voting system passwords on social media and a conservative site.
The case of Peters has gained significant attention within the election conspiracy movement, with former President Donald Trump unsuccessfully advocating for her pardon and calling for her release from Colorado custody.
The Colorado Court of Appeals, in a 74-page ruling, upheld Peters’ conviction but noted that her sentencing was improperly influenced by her continued advocacy of election fraud theories. The court clarified that Trump lacks the authority to pardon Peters for her state-level offenses.
Tina Peters’ attorney, John Case, praised the court’s decision as a victory for free speech. “Tina Peters was punished for words that she used to criticize our insecure and illegal voting system,” he stated. “The decision affirms that people are free to speak what they believe in Colorado as well as the rest of the United States of America.”
Case indicated plans to seek a revised sentence that accounts for the approximately 540 days Peters has already served, potentially enabling her release.
Colorado Governor Jared Polis, a Democrat, expressed approval of the court’s ruling for upholding free speech rights while rejecting Trump’s pardon attempt. “This case has been very challenging and a true test of our resolve as a state to have a fair judicial system,” Polis remarked.
Peters, previously serving as the clerk in Mesa County—a Republican stronghold supportive of Trump—was convicted by local jurors. She defended her actions during sentencing as efforts to expose alleged electoral fraud, but Judge Matthew Barrett criticized her as a “charlatan” exploiting her position.
The appeals court identified a violation of Peters’ free speech rights by the trial court, which considered her public statements in sentencing. Judge Ted Tow noted in the ruling that Peters no longer holds the role that led to her conviction, thus cannot repeat the offense.
The court has remanded the case for resentencing by a lower court judge.
Trump has threatened consequences for Colorado if Peters remains incarcerated, claiming the state is “suffering a big price” for not releasing her. Meanwhile, Colorado Attorney General Phil Weiser, also running for governor, asserted that the initial sentence was “fair and appropriate.”
Weiser stated, “Whatever happens with her sentence, Tina Peters will always be a convicted felon who violated her duty as Mesa County clerk, put other lives at risk, and threatened our democracy. Nothing will remove that stain.”
The Justice Department and the federal Bureau of Prisons have intervened in Peters’ case, but efforts to transfer her to federal custody were unsuccessful. Trump’s December pardon announcement was dismissed by the appeals court, which noted no precedent for a presidential pardon on state crimes.
Peters was convicted on several charges, including attempting to influence a public servant and conspiracy to commit criminal impersonation. Her defense admitted to using a local man’s security badge to facilitate the breach but argued her intent was solely to preserve election data.
