Colorado Appeals Court Orders Resentencing for Former Clerk Tina Peters

The Colorado Court of Appeals has upheld the conviction of former Mesa County Clerk Tina Peters for election-related offenses but ordered a new sentencing, determining that the original sentence improperly considered her protected speech.

Peters was convicted in 2024 for allowing unauthorized access to Mesa County's voting equipment during a 2021 software update. This led to confidential election data being leaked online. She received a nine-year prison sentence.

The appeals court found that the sentencing judge inappropriately factored in Peters' public statements about election fraud, which are protected under the First Amendment. The court stated that her offense was her actions, not her beliefs.

The case has attracted national attention, including from former President Donald Trump, who issued a federal pardon for Peters. However, the appeals court ruled that a presidential pardon does not apply to state convictions.

Colorado Attorney General Phil Weiser commented that regardless of the resentencing, Peters remains a convicted felon who violated her duty as Mesa County clerk.

The case will return to a lower court for resentencing, with the original conviction standing.