Colorado governor commutes sentence for controversial elections clerk Tina Peters

DENVER (CN) — Exercising his pardon powers as Colorado governor, Jared Polis on Friday commuted the 9-year prison sentence of former Mesa County elections clerk Tina Peters.

“The crimes you were convicted of are very serious, and you deserve to spend time in prison for these offenses,” the top Colorado Democrat wrote in a two-page clemency letter addressed to Peters. “However, this is an extremely unusual and lengthy sentence for a first-time offender who committed nonviolent crimes.”

As Mesa County clerk and recorder in 2021, Peters heard from constituents who questioned the integrity of the Grand Junction municipal election, prompting her to record a voting machine update — an action that wasn’t illegal at the time.

Peters broke the law, however, when she falsified the identity of an associate whom she brought in to observe the process. The ruse became national news when videos were leaked onto the social media platform Telegram, prompting an investigation.

Following a 10-day trial in August 2024, a jury found Peters guilty of three felony counts of attempting to influence a public servant and one felony count of conspiracy to commit impersonation, plus misdemeanor counts for official misconduct, violating her duties and failing to comply with the secretary of state’s requirements.

Colorado Attorney General Phil Weiser, a Democrat who is running to replace Polis, called Polis’ decision to grant her clemency “mind-boggling.”

“The judge imposed a reasonable sentence based on her criminal conduct," Weiser said in a statement. “She has shown no remorse for her crimes, and now the governor is taking this unwise and unprecedented step of releasing her from prison early.”

This past December, President Donald Trump attempted to pardon the 70-year-old Peters.

The president, however, does not have the power to overturn state convictions. Trump tried and failed to pressure state officials. Federal funding was soon cut for the University Corporation for Atmospheric Research in Boulder, Colorado, though Trump officials insisted it was a coincidence.

“Caving in to this president will only lead to more abuse from the bullying Trump administration,” said Weiser, who has filed more than 60 suits against the federal government since Trump retook office last year. “Today is a sad day for Colorado and the rule of law.”

Colorado Secretary of State Jena Griswold likewise condemned the decision.

“This clemency grant to Tina Peters is an affront to our democracy, the people of Colorado and election officials across the country,” wrote Griswold, also a Democrat. “The governor’s actions today will validate and embolden the election denial movement and leave a dark, dangerous imprint on American democracy for years to come.”

Peters’ attorney, John Case, did not immediately respond to a request for comment.

Peters issued a formal apology in a statement posted on X.

“I made mistakes, and for those I am sorry,” Peters wrote. “Five years ago, I misled the secretary of state when allowing a person to gain access to county voting equipment. That was wrong. I have learned and grown during my time in prison, and going forward I will make sure that my actions always follow the law, and I will avoid the mistakes of the past.”

Upon her release, Peters vowed to continue her work to improve election integrity as well as the detention system.

“I plan to do my best through legal means to support election integrity and based on my own personal experiences to elevate the cause of prison reform to help ensure the detention system is more fair and equitable for people of all ages,” Peters wrote.

From prison, Peters has documented violence and disrepair at the LaVista Women’s Correctional Facility in Pueblo, Colorado, where she is housed.

In appealing her convictions, Peters argued that both the underlying prosecution and resulting sentence were driven by her speaking out about election integrity. In April, the Colorado Court of Appeals affirmed the jury’s conviction but vacated the sentence, finding Judge Matthew Barrett’s comments about Peters’ beliefs were improper.

In his commutation letter, Polis quoted from that appellate court opinion.

“Her offense was not her belief, however misguided the trial court deemed it to be, in the existence of such election fraud,” the court wrote. “It was her deceitful actions in her attempt to gather evidence of such fraud.”

Standing by his ability to remain impartial, Barrett, a Polis-appointed judge in the state’s 21st Judicial District, declined Peters’ repeated requests for him to remove himself from the case.

In January, Barrett wrote to Polis detailing his reasons for issuing the 9-year sentence. In that letter, Barrett remained neutral on whether Peters deserved clemency.

“I trust whatever decision you make will be for the right reasons, after consideration of all relevant information, and with fair deference to the work of those in your coequal branch of government,” Barrett wrote.

Peters is one of 44 Coloradans granted clemency this year, including 35 people who were pardoned. Polis signed each letter with the same parting words: “This commutation will change your future. It is up to you to make the most of this opportunity."

Peters is scheduled to be granted parole on June 1.

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