clerk

Former clerk Tina Peters has become a cause celebre for the election denial movement and President Donald Trump.

An appeals court in the state of Colorado has ordered the resentencing of Tina Peters, a former county clerk convicted of involvement in an election meddling scheme in the United States.

The court overturned Peters’s nine-year prison sentence on Thursday, but not her conviction for helping to tamper with voting machines after the 2020 presidential race.

Her case has become a cause celebre for President Donald Trump and the election denial movement, after it emerged that she was seeking evidence to support Trump’s false claim that his 2020 loss was due to massive fraud.

In Thursday’s decision, the three-judge appeals panel ruled that a lower court had considered Peters’s personal beliefs when deciding upon a punishment, thereby rendering the sentence improper.

“The trial court’s comments about Peters’s belief in the existence of 2020 election fraud went beyond relevant considerations for her sentencing,” the appeals court wrote.

The panel cited comments from Judge Matthew Barrett, who blasted Peters as a “charlatan” promoting “snake oil” claims.

“Her offence was not her belief, however misguided the trial court deemed it to be, in the existence of such election fraud,” the appeals court said. “It was her deceitful actions in her attempt to gather evidence of such fraud.”

Peters was convicted in August 2024 for helping someone from outside the government gain access to the Mesa County election system and make copies.

That person was affiliated with efforts to overturn Trump’s 2020 loss, and the copies they obtained were then shared on social media.

False claims that the 2020 election was marred by massive fraud have been a persistent fixation for Trump and his allies, even after his successful re-election in 2024.

Trump’s efforts to remain in office after his 2020 defeat were the subject of a 2023 criminal indictment brought by former special counsel Jack Smith.

He alleged that Trump led a criminal conspiracy to undermine the election process and rally supporters to overturn the results. Those charges, however, were ultimately dropped when Trump took office again in 2025, as the US Justice Department has a policy against prosecuting sitting presidents.

Since his inauguration, Trump has continued to push the claims he won the 2020 race. He has also used his allegations of fraud to demand greater control over the country’s election infrastructure in advance of the upcoming 2026 midterm elections.

In December, the president pardoned Peters, even though she was not in federal custody, and the presidential power of pardon does not extend to state crimes.

The appeals court panel confirmed on Thursday that Trump’s pardon had no impact on state offences.

“We have found no instance where the presidential pardon power has been stretched in such a way as to invade an individual state’s sovereignty,” the panel said.

State Governor Jared Polis suggested last month that he could consider clemency for Peters.

DENVER — A Colorado appeals court ruled Thursday that a former county clerk convicted in a scheme that sought to prove fraud in the 2020 presidential election should be resentenced because a judge wrongly punished her for statements protected as free speech.

Tina Peters is serving a nine-year prison term after being convicted of state crimes for sneaking in an outside computer expert to make a copy of her county’s election computer system during a software update in 2021. A photo and video of confidential voting system passwords were later posted on social media and a conservative website.

Calls for Peters’ release have become a cause celebre in the election conspiracy movement. President Trump has sought unsuccessfully to pardon Peters and pressured Colorado to set her free.

Judges on the Colorado Court of Appeals upheld her conviction in a 74-page ruling that rejected the notion that Trump has authority to pardon her state crimes. But they said a lower court judge should not have considered Peters’ continued promotion of election fraud conspiracies when he sentenced her in 2024.

One of Tina Peters’ lawyers, John Case, said the court’s ruling affirmed the importance of free speech.

“Tina Peters was punished for words that she used to criticize our insecure and illegal voting system,” Case said. “The decision affirms that people are free to speak what they believe in Colorado as well as the rest of the United States of America.”

Case said he would likely ask at resentencing for Peters to receive the approximately 540 days she’s served already. That would allow her to be freed.

Democratic Colorado Gov. Jared Polis, who has been considering granting clemency to Peters, praised the court’s decision for rejecting Trump’s pardon but upholding her free speech rights.

“This case has been very challenging and a true test of our resolve as a state to have a fair judicial system, not just for people we agree with but a fair system for Coloradans that we vehemently disagree with,” Polis said in statement.

Peters was the former clerk in Mesa County, in the far western part of Colorado, and convicted by jurors in the Republican stronghold that has supported Trump.

She was unapologetic when she was sentenced by Judge Matthew Barrett and insisted that she tried to unearth what she believed was fraud for the greater good. He ripped into her, calling her a “charlatan” who had used her position to “peddle snake oil.”

The appeals court found that Barrett violated her rights to free speech by punishing Peters for persistently alleging fraud in the 2020 election. They noted that because Peters is no longer serving as an election clerk, she can no longer engage in the conduct that led to her conviction.

“The trial court obviously erred by imposing sentence at least partially based on Peters’ protected speech,” Judge Ted Tow wrote in Thursday’s ruling.

The court sent Peters’ case back to a lower court for a judge to issue a new sentence.

Trump has threatened to take “harsh measures” against Colorado unless the state releases Peters. In February, Trump said Colorado was “suffering a big price” for refusing to release her.

Colorado Atty. Gen. Phil Weiser, a Democrat who is running for governor, has accused the Trump administration of waging a revenge campaign by choking off funds and ending federal programs over the state’s refusal to free Peters.

Weiser said in response to the ruling that the original sentence had been “fair and appropriate.”

“Whatever happens with her sentence, Tina Peters will always be a convicted felon who violated her duty as Mesa County clerk, put other lives at risk, and threatened our democracy. Nothing will remove that stain,” Weiser said in a statement.

The Justice Department inserted itself into Peters’ bid to be released while her state appeal was considered. The federal Bureau of Prisons also tried to get Peters moved to a federal prison. After both efforts failed, Trump in December announced a pardon for Peters.

However, the appeals court judges said they could find no prior example of a president pardoning someone for a state crime. And they rejected her attorney’s claims that Peters actions had been carried out while “defending a federal interest.”

“We have found no instance where the presidential pardon power has been stretched in such a way as to invade an individual state’s sovereignty,” they said, adding that the president’s pardon has “no impact” on the state’s case against Peters.

The Associated Press left messages with the White House for comment.

She was convicted of three counts of attempting to influence a public servant and one count each of conspiracy to commit criminal impersonation, first-degree official misconduct, violation of duty and failure to comply with the requirements of the secretary of state.

Peters’ lawyers didn’t deny that she used the security badge of a local man she pretended to hire to allow an associate of MyPillow CEO Mike Lindell to make a copy of the Dominion Voting Systems election computer server during an annual software update in 2021.

But they said she only wanted to preserve election data and find out whether any outside actor had accessed the system while ballots were being counted. They said she didn’t want the information made public.

Slevin and Brown write for the Associated Press.

April 2 (UPI) — A Colorado appeals court on Thursday threw out the sentence of Tina Peters, a former elections clerk, who was convicted in an election data case.

Peters was sentenced to nine years in prison in August 2024 on seven of the 10 counts for which she was charged.

She allowed an unauthorized person to make copies of voting machine hard drives that included classified information. The data from those drives was then leaked online by conspiracy theorists who falsely said it proved President Donald Trump correct in his assertion that the 2020 election was “stolen.”

Trump later pardoned Peters, but Colorado officials said he has no power to do so because she was convicted by the state. He has since pressured Colorado Gov. Jared Polis to pardon her.

The judges of the Colorado Court of Appeals ruled that District Judge Matthew Barrett wrongfully used Peters’ beliefs and promotion of election fraud conspiracy theories in his sentencing.

“We reverse her sentence because it was based in part on improper consideration of her exercise of her right to free speech,” the court wrote, sending her case back to the trial judge. Now Barrett must re-sentence Peters without using her beliefs to make the decision, the appeals judges said.

At the sentencing, Barrett said Peters had no remorse and called her a “charlatan” who abused her position to “peddle snake oil.”

“I am convinced you would do it all over again if you could,” The Hill reported Barrett said. “You’re as defiant as any defendant this court has ever seen.”

In its decision, the appeals court said her beliefs shouldn’t color the sentencing.

“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. Indeed, under these circumstances, just as her purported beliefs underlying her motive for her actions were not relevant to her defense, the trial court should not have considered those beliefs relevant when imposing sentence.”

The appeals court did not overturn Peters’ conviction and formally said Trump doesn’t have the power to pardon a person for state law offenses.

“The crux of Peters’ argument is that the phrase ‘Offences against the United States’ includes an offense against any of the states in the union,” the court wrote. “We join what appears to us to be every other appellate court that has addressed the issue and reject such an expansive reading of the phrase.”

Peters served as a clerk in Mesa County, Colo., whose county seat is Grand Junction, in western Colorado.

She was convicted on three counts of attempting to influence a public servant and one count each of conspiracy to commit criminal impersonation, first-degree misconduct, violation of duty and failure to comply with the requirements of the secretary of state.