A Colorado appeals court panel is reviewing the conviction and nine-year prison sentence of Tina Peters, a former Mesa County elections clerk, related to a 2020 election data breach. The court is considering arguments from Peters' legal team to overturn her conviction, secure her release, or mandate a new sentencing hearing, while also addressing the applicability of a presidential pardon issued by former President Donald Trump.
The legal team for Tina Peters is seeking to overturn her conviction, secure her release, or mandate a new sentencing hearing, with a key focus on a presidential pardon.
Background and Conviction
Tina Peters, who served as the elections clerk for Mesa County, was convicted in 2024 of state crimes for organizing a data breach of the county's election equipment. Her actions stemmed from claims of voting machine fraud following the 2020 presidential election. Peters is currently serving a nine-year sentence in state prison in Pueblo.
Prosecutors alleged that Peters engaged with activists, including Douglas Frank and MyPillow founder Mike Lindell, who questioned the 2020 election results. Peters reportedly utilized another individual's security badge to provide access to Conan Hayes, an associate of Lindell. This access allowed Hayes to observe a software update to the county's election management system.
According to prosecutors, Hayes subsequently copied the system's hard drive both before and after the update. Partially redacted security passwords associated with the system later appeared online, prompting an investigation. Hayes has not faced charges.
Peters acknowledged deception in her actions but asserted they were necessary to prevent the erasure of election records, citing a perceived federal duty to preserve election information. State lawyers, however, contended that Peters' staff had already backed up election data prior to the upgrade and that her actions were therefore not required for data protection. They argued the hard drive copies instead captured proprietary Dominion Voting Systems software.
Peters' legal team also argued that the partially redacted passwords did not pose a security risk. They noted that similar voting system passwords for other Colorado counties were inadvertently posted on a state website until 2024 without leading to criminal charges due to a lack of intent.
Appeals Hearing: Scrutiny on Sentencing
During Wednesday's hearing, a three-judge appeals panel expressed skepticism regarding the basis for Peters' nine-year prison sentence. Appeals Judge Craig Welling indicated that Peters could not be penalized for exercising her First Amendment rights.
The panel voiced concern over statements made by District Court Judge Matthew Barrett during Peters' sentencing. Judge Barrett had characterized her as a "charlatan" and stated she endangered the community by disseminating election-related misinformation, thereby undermining democratic processes.
Peters' legal team argues that Judge Barrett's sentence violated her First Amendment rights by being based on her election fraud allegations. Senior Assistant Attorney General Lisa Michaels countered that Peters made her election theories relevant during the sentencing hearing by presenting them extensively, and that the trial judge imposed the sentence for the specific crimes of which Peters was convicted.
"Peters could not be penalized for exercising her First Amendment rights," Appeals Judge Craig Welling indicated, raising concerns about the sentencing basis.
Additionally, the appeals panel noted that a felony conviction for criminal impersonation was presented to the jury with language appropriate for a misdemeanor version of the crime, raising questions about the trial process. Peters' attorneys are seeking at least a new sentencing hearing, asserting that the original sentence was partially based on a contempt conviction that an appeals court overturned last year.
Presidential Pardon and Clemency Efforts
Former President Donald Trump issued a pardon for Peters in December. Her legal team is requesting the appeals court to acknowledge this pardon and facilitate her immediate release. The legal applicability of a presidential pardon to state-level crimes remains a point of contention.
Peters' lawyers cite historical instances, such as President George Washington's pardons during the 1795 Whiskey Rebellion, which they contend covered both state and federal offenses. They argue the president holds authority to pardon individuals for crimes committed while performing federal duties, such as preserving election information. Lawyers for the state have countered this by noting that the governor of Pennsylvania at the time issued pardons for state law violations during the Whiskey Rebellion.
Former President Trump has publicly supported Peters, criticizing both Democratic Governor Jared Polis and Republican District Attorney Dan Rubinstein for her continued imprisonment. He has also threatened Colorado with a loss of federal funding if Peters is not released.
Governor Polis has indicated he is considering clemency for Peters, describing her nine-year sentence as "harsh."
Governor Polis has indicated he is considering clemency for Peters, describing her sentence as "harsh."
Peters previously sought release from prison during the appeal process in federal court, but her request was denied last month. The situation has garnered attention within movements focused on election fraud theories. Jake Lang, who received a pardon from Trump after being charged in connection with the January 6, 2021, U.S. Capitol incident, posted on social media about a potential "storm" of a Colorado prison to release Peters. Peters' official X account subsequently disavowed any connection to such demonstrations or calls for force.