DENVER — A Colorado appeals court determined Thursday that a former county clerk who was found guilty in an election fraud scheme must receive a new sentence.
Tina Peters, who previously served as Mesa County’s clerk, is currently incarcerated for nine years following her conviction on state charges. She was found guilty of facilitating an unauthorized computer specialist’s access to her county’s voting system during a 2021 software maintenance procedure. Images and footage showing classified voting system passwords were subsequently shared on social platforms and a conservative news site.
The Colorado Court of Appeals panel determined that the sentencing judge made an error by factoring in Peters’ ongoing advocacy of election fraud theories during her 2024 sentencing hearing. The appeals court has returned the matter to a trial court for new sentencing proceedings.
Peters has gained significant support within election conspiracy circles, with President Donald Trump applying pressure on Colorado officials to secure her freedom.
During her original sentencing before Judge Matthew Barrett, Peters showed no remorse and maintained that her actions were motivated by a desire to expose what she perceived as electoral fraud for the public benefit. Barrett strongly criticized her, labeling her a “charlatan” who had exploited her official role to “peddle snake oil.”
Peters held the clerk position in Mesa County, located in Colorado’s western region, and was convicted by a jury in this Republican-leaning area that has historically favored Trump.
Trump has warned of implementing “harsh measures” against Colorado if the state refuses to release Peters. Last February, Trump claimed Colorado was “suffering a big price” for its refusal to free her.
Democratic Colorado Attorney General Phil Weiser has characterized the Trump administration’s actions as conducting a “revenge campaign” by restricting federal funding and terminating federal programs due to the state’s stance on Peters.
The Justice Department became involved in Peters’ release efforts during her state appeal process. Federal prison officials attempted to transfer Peters to a federal facility. When these attempts were unsuccessful, Trump issued a pardon for Peters, though Colorado officials say this symbolic gesture doesn’t affect her state-level convictions.
However, Democratic Governor Jared Polis indicated in January that he might consider clemency for Peters, describing her sentence as “unusual and harsh” for someone with no prior criminal record convicted of non-violent offenses.
Peters faced conviction on multiple charges: three counts of attempting to influence a public servant, plus individual counts of conspiracy to commit criminal impersonation, first-degree official misconduct, violation of duty, and failure to comply with secretary of state requirements.
Peters’ defense team acknowledged that she used a local resident’s security credentials, falsely claiming to employ him, which allowed an associate of MyPillow CEO Mike Lindell to duplicate the Dominion Voting Systems election server during routine 2021 software maintenance.
Her attorneys argued that Peters’ motivation was solely to safeguard election records and investigate potential unauthorized system access during ballot processing. They maintained she never intended for the information to become public.
