Colorado court throws out election denier Tina Peters’ 9-year sentence for tampering with election equipment

The Colorado Court of Appeals has thrown out the nine-year prison sentence imposed on election denier Tina Peters, finding that the lower court violated her First Amendment right to free speech because of her claims of election fraud.

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“The trial court’s comments on Peters’ belief in the existence of 2020 election fraud went beyond considerations relevant to his sentencing,” a three-judge panel wrote in a 77-page opinion. which also upheld his conviction on charges including official misconduct in connection with a security breach of the Mesa County election system. Peters is the former Mesa County Clerk.

“His crime was not his belief, however erroneous the trial court found it to be, in the existence of such election fraud; but his deceptive actions in attempting to gather evidence of such fraud. Indeed, in these circumstances, just as his alleged beliefs underlying his motivations were irrelevant to his defense, the trial court should not have considered those beliefs relevant when imposing the sentence.”

The justices wrote that it was “obvious” that the lower court imposed the sentence because Peters continued to espouse views denying the election.

“The tenor of the court’s comments makes clear that he believed the length of the sentence was necessary, at least in part, to prevent him from continuing to espouse views that the court deemed ‘prejudicial,’” they wrote.

“But the court did not recognize that Peters was no longer the Mesa County Clerk and Recorder,” they continued. “She is no longer able to engage in the behavior that led to her conviction. It cannot therefore be said that the lengthy prison sentence had a specific deterrent purpose. Rather, the sentence punished Peters for her persistence in espousing her beliefs regarding the integrity of the 2020 election.”

The state appeals court ordered trial Judge Matthew Branch to sentence Peters without considering his comments about the 2020 election.

Peters was convicted of four felonies and three misdemeanors in August 2024 for using another person’s security badge to allow a person associated with MyPillow founder Mike Lindell, a prominent election denier and ally of President Donald Trump, to access county election equipment involving Dominion Voting Systems.

The county’s machines later had to be replaced when the data, including machine passwords, came online. Peters said she did not know the information would be made public.

Her long prison sentence was repeatedly criticized by President Donald Trump, who pardoned her, even though she was convicted of state, not federal, crimes. As recently as March 18, Trump called for Peters to be “free.”

The appeals court judges ruled that the pardon “has no impact on Peters’ violations of state law.”

NBC News has reached out to Peters’ attorney and the White House for comment.

Colorado Secretary of State Jena Griswold, a Democrat, said in a statement that “I appreciate” the appeals court’s “rejection of Trump’s illegal attempt to pardon him.” Peters will continue to be held accountable for coordinating a breach of her own election equipment. His actions have been repeatedly used to spread conspiracy theories, amplify falsehoods, and fuel dangerous election lies.

County officials said Peters’ project cost the county more than $1 million.

In a statement, Colorado Attorney General Phil Weiser called the sentence “just and appropriate.”

“Ms. Peters is in prison because of her own criminal conduct aimed at proving false claims of voter fraud in the 2020 election, and she has shown no remorse for her actions,” Weiser said.

“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,” he said. “Nothing will remove this stain.”

In a statement released in March, Democratic Gov. Jared Polis said he was considering granting clemency to Peters because he believed the sentence given to the nonviolent first-time offender was “harsh.”

Trump has repeatedly demanded Polis take action over the past year, including calling him a “bastard” who should “rot in hell” for not already releasing her on Truth Social in December.

Polis said in a statement Thursday: “This case has been very difficult and a true test of our resolve as a state to have a fair system of justice, not just for people with whom we agree, but a fair system for Coloradans with whom we vehemently disagree. »

Polis added that he agreed with the court and was “pleased that they rejected President Trump’s pardon, which has no effect on state crimes. I am also heartened to see our appeals court protecting free speech and a fair and equitable justice system for all.”

He also suggested he was still evaluating Peters’ case and keeping an open mind.

“In evaluating clemency requests, I have looked at many, many sentences during my tenure as governor, and Tina Peters’ nine-year sentence was an obvious exception,” Polis said. “My job as governor is to focus on what is right, not what is popular, and today the court took action to ensure equal justice for all.”