The Colorado Court of Appeals ruled on Thursday, May 2, 2024, that former Mesa County elections clerk Tina Peters’ current nine-year sentence must be vacated and a new sentencing hearing ordered. The ruling pertains to her conviction related to an election security breach.

Conviction Upheld, Sentence Questioned

While the court upheld Peters’ conviction, it determined that the original sentence was partially based on an improper consideration of her First Amendment rights. Peters was initially sentenced in October 2024 after being found guilty on multiple charges.

Charges and Acquittals

Peters was convicted of first-degree official misconduct, violation of duty, failure to comply with requirements of the Colorado Secretary of State, conspiracy to commit criminal impersonation, and three counts of attempting to influence a public servant. She was acquitted of charges including identity theft and criminal impersonation.

Pardon Request Denied

The ruling also addressed Peters’ appeal regarding a pardon issued by former President Donald Trump in December 2025. The court rejected her claim that the pardon should lead to her release from prison.

Attorney General's Response

Colorado Attorney General Phil Weiser stated, “The court affirmed that the president’s pardon of Tina Peters is meaningless and won’t free her from prison. Presidential pardons do not extend to state crimes, and the president cannot wipe away Ms. Peters conviction with a stroke of a pen.”

Governor Polis Considers Clemency

Governor Jared Polis had previously indicated he would await the Court of Appeals’ decision before considering a potential commutation of Peters’ sentence. He extended the deadline for clemency applications to April 3, citing sentencing disparities with other cases, including that of former State Sen. Sonya Jaquez Lewis.

Concerns Over Election Integrity

Attorney General Weiser has voiced opposition to clemency, arguing that granting it would undermine justice and threaten election integrity. He stated Peters has shown no remorse for her actions. Election officials have also urged Governor Polis not to commute the sentence, fearing it would embolden election denialism.

Background of the Case

Peters was the first election official charged with a security breach related to false claims of a stolen 2020 election. She has maintained that the judge who sentenced her violated her First Amendment rights by penalizing her for raising concerns about election fraud. She is currently incarcerated at the La Vista Correctional Facility in Pueblo.

This is a developing story and Denver7 will continue to provide updates as they become available.