Colorado Court Vacates Election Denier's Sentence

The Colorado Court of Appeals has overturned the nine-year prison sentence of Tina Peters, an election denier convicted of tampering with election equipment. The court determined that the original sentencing violated Peters’s First Amendment right to free speech regarding her allegations of election fraud.

First Amendment Concerns Highlighted

A three-judge panel issued a 77-page opinion stating that the lower court’s comments about Peters’s belief in the existence of 2020 election fraud were inappropriate during sentencing. The court emphasized that Peters was convicted for “deceitful actions” taken to gather evidence, not for her beliefs themselves.

Focus on Actions, Not Beliefs

“Her offense was not her belief, however misguided the trial court deemed it to be, in the existence of such election fraud; it was her deceitful actions in her attempt to gather evidence of such fraud,” the panel wrote. The judges argued that the trial court improperly considered Peters’s continued expression of election-denying views when determining the sentence length.

Sentence Seen as Punishment for Views

The appeals court found it “apparent” that the original sentence was influenced by Peters’s ongoing advocacy of unsubstantiated claims about the 2020 election. The court noted that Peters is no longer the Mesa County Clerk and Recorder, diminishing the need for specific deterrence through a lengthy prison term.

Impact of Former Position

“The tenor of the court’s comments makes clear that it felt the sentence length was necessary, at least in part, to prevent her from continuing to espouse views the court deemed ‘damaging,’” the opinion stated. The court also pointed out that the sentence effectively punished Peters for her persistence in voicing her beliefs about the election’s integrity.

Resentencing Ordered, Reactions Received

The state appeals court has directed the trial court to resentence Peters. NBC News has contacted Peters’ attorney for comment. Colorado Attorney General Phil Weiser defended the original sentence, calling it “fair and appropriate.”

Attorney General's Statement

Phil Weiser stated, “Ms. Peters is in prison because of her own criminal conduct to prove false claims of voter fraud in the 2020 elections, and she has not shown any remorse for her actions.” He added that Peters will remain a convicted felon regardless of any changes to her sentence.

Former President Donald Trump recently called for Peters to be “free” as of March 18th.