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A Colorado appeals court ruled Thursday that former Mesa County clerk Tina Peters must be resentenced after finding that a judge improperly considered her protected speech when issuing her prison term.
Peters is serving a nine-year sentence following her conviction on state charges related to a 2021 security breach of her county’s election system. Prosecutors said she allowed an outside computer expert to access voting equipment during a software update, leading to the release of confidential information, including passwords, on social media.
The Colorado Court of Appeals upheld Peters’ conviction but determined that the sentencing judge erred by factoring in her continued promotion of election fraud claims.
“The trial court obviously erred by imposing sentence at least partially based on Peters’ protected speech,” Judge Ted Tow wrote in the ruling.
The case will return to a lower court for resentencing. Peters’ attorney, John Case, welcomed the decision, saying it reinforced free speech protections.
“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.”
Peters was convicted on multiple counts, including attempting to influence a public servant and official misconduct. At sentencing, the judge described her actions as a misuse of public office.
The case has drawn national attention, with President Donald Trump calling for Peters’ release and attempting to pardon her.
“For years, Democrats ignored Violent and Vicious Crime of all shapes, sizes, colors, and types. Violent Criminals who should have been locked up were allowed to attack again. Democrats were also far too happy to let in the worst from the worst countries so they could rip off American Taxpayers,” President Trump wrote in March.
“Democrats only think there is one crime – Not voting for them! Instead of protecting Americans and their Tax Dollars, Democrats chose instead to prosecute anyone they can find that wanted Safe and Secure Elections. Democrats have been relentless in their targeting of TINA PETERS, a Patriot who simply wanted to make sure that our Elections were Fair and Honest. Tina is sitting in a Colorado prison for the ‘crime’ of demanding Honest Elections. FREE TINA!” he added.
Colorado Gov. Jared Polis has said he is considering clemency, describing the sentence as unusually harsh for a first-time, nonviolent offender.
