A state appeals court in Colorado is reviewing the conviction and nine-year prison sentence of Tina Peters, a former Mesa County elections clerk, who was found guilty of state crimes related to a 2020 election data breach. During a recent hearing, a three-judge panel expressed skepticism regarding the basis for the sentence, questioning whether the trial judge improperly considered Peters' advocacy of election-related claims. The case also involves a disputed presidential pardon issued by former President Donald Trump and a potential clemency review by Colorado Governor Jared Polis.
Conviction Background
Tina Peters was convicted in 2024 for orchestrating a data breach of Mesa County's election equipment. The actions stemmed from claims of voting machine fraud following the 2020 presidential election. Prosecutors alleged that Peters became involved with activists questioning election results, including Douglas Frank and MyPillow founder Mike Lindell. Peters reportedly used another individual's security badge to grant Conan Hayes, an associate of Lindell, access to observe a software update to the county's election management system. Prosecutors claim Hayes copied the system's hard drive both before and after the update. Following this, partially redacted security passwords associated with the system appeared online, prompting an investigation. Hayes has not faced charges.
Peters acknowledged the deception but asserted her actions were necessary to prevent the erasure of election records, citing what she perceived as a federal duty to preserve them. Her legal team argued that the partially redacted passwords did not pose a security risk and noted that similar voting system passwords for other Colorado counties were inadvertently posted on a state website until 2024 without criminal charges due to a lack of intent. Conversely, state lawyers contended that Peters' staff had already backed up election data prior to the upgrade, and therefore, her actions were not required for data protection. They argued the hard drive copies instead captured proprietary Dominion Voting Systems software.
Appeals Court Proceedings
On Wednesday, Peters' lawyers presented arguments to a Colorado appeals panel seeking to overturn her conviction or at least secure a new sentencing hearing. The appeals judges voiced concerns regarding District Court Judge Matthew Barrett’s statements during Peters’ sentencing, where he referred to her as a "charlatan" and stated she posed a danger by spreading claims about voting. Appeals Judge Craig Welling indicated that Peters could not be punished for exercising her First Amendment rights.
Senior Assistant Attorney General Lisa Michaels, representing the state, argued that Peters made her election-related claims relevant during the sentencing hearing by presenting them extensively, and maintained that the trial judge imposed the sentence for the specific crimes Peters was convicted of. The panel also noted that a felony conviction for criminal impersonation was improperly presented to the jury with language for the misdemeanor version of the crime. Peters' legal team maintains that Judge Barrett violated her First Amendment rights by imposing a stringent nearly decade-long sentence for her election fraud allegations.
Presidential Pardon and Clemency Discussions
Former President Donald Trump issued a pardon for Peters in December, but its legal applicability to state-level crimes remains a point of contention. Peters' legal team cites historical instances, such as President George Washington's pardons during the 1795 Whiskey Rebellion, which they argue covered both state and federal offenses. They further contend that the president holds authority to pardon individuals who commit crimes while performing federal duties, such as preserving election information. Lawyers for the state have countered by noting that the governor of Pennsylvania at the time issued pardons for state law violations during the Whiskey Rebellion.
In addition to the presidential pardon, Colorado Governor Jared Polis has indicated he is considering clemency for Peters, describing her sentence as "harsh." Peters' legal team has suggested Governor Polis may grant clemency.
Related Legal and Political Context
Last month, Peters' request for release from prison during the appeal process was denied in federal court. Her lawyers are seeking at least a new sentencing hearing, asserting that Barrett's original sentence was partially based on a contempt conviction that an appeals court overturned last year. They are also requesting the appeals court to acknowledge Trump's pardon and facilitate Peters' immediate release.
The situation has garnered attention within movements focused on election-related claims. Former President Trump has publicly criticized both Democratic Governor Jared Polis and Republican District Attorney Dan Rubinstein for Peters' continued imprisonment. 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.