Colorado Court of Appeals Skeptical of Sentencing for Election Official
The Colorado Court of Appeals raised concerns on Wednesday regarding the sentencing of former county clerk Tina Peters, a pro-Trump election official found guilty of aiding election equipment fraud in 2020. The judges appeared skeptical of the arguments presented by her legal team, while also critiquing the state attorney’s stance, specifically regarding the claim that Peters was responsible for promoting conspiracy theories about the election.
Appellate Judge Craig Welling highlighted that punishing Peters would infringe upon her First Amendment rights, which is significant.
Involved in the case, Peters reportedly used another person’s security badge to let former surfer Conan Hayes access software updates related to the county’s election management. Prosecutors claimed that he copied the hard drive of the system both before and after the updates, and that some security passwords were later discovered online—though Hayes was not accused of any misconduct.
Peters has received a pardon from former President Donald Trump as of December, following her conviction in October 2024. She spent Christmas in a Colorado prison after resisting pressure from Trump. Yet, her attorneys maintain that a pardon from Colorado Governor Jared Polis might be forthcoming. Trump had even threatened to cut federal funding if Polis didn’t take action, labeling Peters’ nine-year sentence as “harsh.”
Trump has frequently posted on social media about Peters, referring to her as a “patriot” for her actions aimed at ensuring election integrity. He stated, “Tina is in a Colorado prison for the ‘crime’ of demanding an honest election,” and proclaimed, “Today, I am granting a full pardon to Tina for her efforts to uncover voter fraud in the fraudulent 2020 presidential election!”
Peters’ attorney, Peter Ticktin, mentioned in a statement that the presidential pardon should also cover state charges. “It was an advantage for Ms. Tina,” Ticktin noted, expressing gratitude for the pardon but acknowledging the potential complications it could present.
He also emphasized their view that the pardon should extend to state-level crimes, which raises questions about whether the Colorado Court of Appeals has jurisdiction to address pending appeals.
