Colorado Appeals Panel Questions Sentence for Former Clerk Tina Peters
DENVER, January 19, 2026 – A Colorado Court of Appeals panel has expressed significant skepticism over the nine-year prison sentence given to former Mesa County Clerk Tina Peters, raising concerns that the trial judge may have improperly penalized her for spreading election conspiracy theories. The hearing comes as Democratic Governor Jared Polis signals a new openness to granting clemency, drawing fierce opposition from the state’s top election official and intense political pressure from President Donald Trump.
Judges Focus on Sentencing and Trial Errors
During oral arguments on January 14, a three-judge panel scrutinized the 2024 trial and sentencing of Peters, who was convicted for orchestrating a security breach of her county’s voting equipment in 2021. The judges, Craig Welling, Ted Tow III, and Lino Lipinsky de Orlov, were dismissive of Peters’ broader legal arguments but homed in on potential constitutional and procedural flaws.
Judge Welling stated a core concern: “The court cannot punish her for her First Amendment rights.” The panel focused on inflammatory language used by District Court Judge Matthew Barrett during sentencing, where he called Peters a “charlatan” who was “peddling snake oil.” Judges questioned whether Barrett’s consideration of Peters’ election denialism, which was largely excluded from the trial itself, improperly influenced the severe sentence.
Furthermore, the panel appeared “baffled,” in Judge Welling’s words, by a state position regarding a felony conviction for conspiracy to commit criminal impersonation. The indictment and jury instructions used language from the misdemeanor version of the crime, yet Peters was convicted and sentenced on the felony charge, which carries a 15-month longer sentence. The judges strongly suggested this was a reversible error.
Political Pressure and Clemency Debate Intensifies
The legal proceedings are unfolding within a highly charged political atmosphere. President Trump, who has embraced Peters as a cause célèbre, issued a symbolic pardon for her in December 2025. Legal experts widely agree a presidential pardon does not apply to state convictions. Concurrently, the Trump administration has taken several actions against Colorado, including vetoing a water project bill and threatening federal funding, which state officials have labeled a “revenge campaign” for Peters’ continued imprisonment.
Governor Jared Polis, who is term-limited, recently described Peters’ nine-year sentence as “harsh” and indicated he is considering clemency for the 70-year-old, citing a review of sentences for elderly inmates. This marks a shift from his previous stance and has alarmed election integrity advocates.
In response, Colorado Secretary of State Jena Griswold, a Democrat, joined with Republican leaders of the Colorado County Clerks Association this week to send a letter urging Polis not to pardon or commute Peters’ sentence. They warned that such an act would “embolden election denialism” and endanger election workers.
Key Facts: The Case of Tina Peters
| Subject | Details |
|---|---|
| Defendant | Tina Peters, former Republican Mesa County Clerk & Recorder |
| Conviction | Found guilty in 2024 on multiple felonies and misdemeanors related to a 2021 election system breach. |
| Sentence | Nine years in state prison, currently serving at the Denver Women’s Correctional Facility in Pueblo. |
| The Crime | Peters allowed an unauthorized individual (Conan Hayes) access to sensitive voting machine software during an update, copied confidential data, and misled investigators. The data later appeared in conspiracy theory circles. |
| Appeal Focus | Potential First Amendment violation in sentencing, erroneous jury instruction on a felony charge, and claims of federal immunity. |
| Political Pressure | President Trump demands her release, has issued a symbolic pardon, and his administration has taken punitive actions against Colorado. Governor Polis is considering clemency. |
Frequently Asked Questions
What was Tina Peters convicted of?
Tina Peters was convicted by a Mesa County jury in 2024 on three felony counts of attempting to influence a public servant, one felony count of conspiracy to commit criminal impersonation, and several misdemeanors. The charges stemmed from a 2021 incident where she orchestrated unauthorized access to and copying of her office’s voting system software.
Can President Trump pardon Tina Peters?
Most legal scholars and historical precedent hold that a U.S. President’s pardon power applies only to federal crimes. Since Peters was convicted on state charges in Colorado courts, President Trump’s December 2025 pardon is considered legally meaningless in this case. Peters’ attorneys have argued otherwise, but this claim was not addressed in the recent appeals hearing.
What happens next in her legal case?
The Colorado Court of Appeals will issue a written ruling in the coming weeks or months. The panel could uphold the conviction, order a re-sentencing with a different judge, or overturn specific convictions based on the jury instruction error. A decision for re-sentencing would not necessarily mean Peters is released, but could result in a reduced prison term.
Why is Governor Polis considering clemency?
Governor Polis, in his final year in office, has stated he reviews all clemency applications. He recently called Peters’ nine-year sentence “harsh” and mentioned a policy of reviewing sentences for elderly inmates, questioning how much of a threat they pose to society. His comments represent a potential shift amid sustained pressure from the Trump administration.