Colorado Governor Jared Polis on Friday granted clemency to Tina Peters, the former Mesa County clerk who was convicted of unlawfully manipulating voting equipment while promoting false claims that the 2020 presidential election had been stolen from Donald Trump. In his clemency letter, Polis commuted Peters' original nine-year combined jail and prison sentence to time already served, and instructed that she be released on parole beginning June 1.
Polis acknowledged in the letter that Peters' offenses were serious and merited incarceration, writing, "The crimes you were convicted of are very serious and you deserve to spend time in prison for these offenses." He added, "However, this is an extremely unusual and lengthy sentence for a first time offender who committed nonviolent crimes."
The governor said he agreed with a recent ruling by a Colorado appeals court that found the trial judge had imposed an excessive sentence by factoring in Peters' expressed claims of election fraud rather than limiting consideration to her criminal conduct. That appeals court decision preserved Peters' convictions but ordered a re-sentencing because the original punishment had been influenced by the defendant's speech and beliefs.
Polis moved ahead of the ordered re-sentencing. The three-judge appeals panel had directed the trial judge to re-sentence Peters after concluding that the sentencing comments indicated the judge had penalized her for continuing to promote allegations that the 2020 election had been stolen. The appeals court pointed to the trial judge's descriptions of Peters as a "charlatan" who continued to peddle "snake oil that's been proven to be junk time and time again."
In a television interview, Polis noted that two co-defendants in the case had received significantly lighter sentences than Peters, suggesting a disparity in punishment among those involved. The governor also said he had not been contacted by former President Trump regarding the matter and did not expect to hear from him.
Peters, 70, had been facing imprisonment that, if the commutation had not been granted, would have kept her behind bars until November 2028. A Republican and vocal proponent of baseless claims that the 2020 election was stolen, Peters rose to national prominence among election deniers after a 2022 indictment linked to a security breach at the Mesa County clerk's office. That breach resulted in voting equipment passwords being published on a right-wing blog.
Although Peters denied wrongdoing, a jury convicted her in 2024 on seven counts, including three counts of attempting to influence a public servant. Her case had become a high-profile example of a local election official prosecuted for actions taken in pursuit of allegations of fraud.
Reactions to Polis' clemency were swift and negative from election-administration officials and state law enforcement. The Colorado County Clerks Association condemned the commutation, saying it undermined respect for the rule of law. In a statement released on behalf of the association, Executive Director Matt Crane said, "We are furious, disgusted, and deeply disappointed."
Colorado's Attorney General Phil Weiser, a Democrat who is running to succeed Polis, also criticized the decision, calling the governor's clemency "mind-boggling and wrong."
Separately, Donald Trump issued a federal pardon for Peters last December. That presidential pardon was largely symbolic for Peters at the time because she was not in federal custody.
Peters shared an image of the governor's clemency letter on her X account following the announcement. With the commutation now in effect, she will transition from incarceration to parole on the specified date set by the governor.
Legal and procedural context
The sequence of judicial and executive actions in Peters' case highlights two distinct legal determinations retained in the record: first, that Peters was criminally convicted on multiple counts related to the tampering and disclosure of voting machine credentials; second, that the original sentencing procedure was flawed insofar as the trial judge allowed the defendant's protected speech to influence the length of the penalty. The appeals court preserved the convictions but remanded for resentencing, an action the governor superseded by commuting the sentence.
Current status
- Peters' convictions remain intact.
- The prison and jail portion of her nine-year sentence has been commuted to time served.
- She is to be released on parole effective June 1.