An appeals court in Colorado in the United States, has mandated a new sentencing hearing for Tina Peters, a former county clerk found guilty of participating in an election interference scheme. The court overturned her nine-year prison term yesterday, but upheld her conviction related to the tampering of voting machines following the 2020 presidential election.
Peters’ case has garnered significant attention from former President Donald Trump and the election denial movement, particularly after it was revealed that she sought evidence to bolster Trump’s unfounded claims of widespread fraud that purportedly led to his defeat.
In its ruling, the three-judge panel determined that the lower court had improperly factored Peters’ personal beliefs into the sentencing process. “The trial court’s remarks regarding Peters’ conviction about the existence of 2020 election fraud exceeded relevant considerations for her punishment,” the appeals court stated.
The panel referenced comments made by Judge Matthew Barrett, who criticized Peters as a “charlatan” pushing “snake oil” theories. However, the appeals court clarified, “Her offense was not her belief, however misguided the trial court considered it to be, regarding the existence of such election fraud. It was her deceptive actions in attempting to gather evidence of such fraud.”
Peters was convicted in August 2024 for enabling an individual from outside the government to access the Mesa County election system and create unauthorized copies of sensitive information. The individual was linked to efforts aimed at overturning President Trump’s 2020 loss, and the materials obtained were subsequently disseminated on social media platforms.
Despite President Trump’s re-election in 2024, false assertions about the 2020 election being compromised by extensive fraud have persisted among him and his supporters. Trump’s attempts to cling to power after his 2020 defeat led to a criminal indictment in 2023 by former special counsel Jack Smith, who accused him of orchestrating a conspiracy to undermine the electoral process and incite supporters to overturn the results. However, those charges were dropped when Trump assumed office again in 2025, as the U.S. Justice Department maintains a policy against prosecuting sitting presidents.
Since taking office, President Trump has continued to assert that he won the 2020 election and has leveraged these allegations to demand increased control over the nation’s electoral framework ahead of the upcoming 2026 midterm elections.
In December, Trump granted Peters a pardon, although she was not in federal custody and the presidential pardon power does not extend to state offenses. The appeals court confirmed on Thursday that Trump’s pardon did not affect her state convictions.
“We have found no instance where the presidential pardon authority has been extended in such a manner as to encroach upon an individual state’s sovereignty,” the panel remarked.
Colorado Governor, Jared Polis, indicated last month that he might consider clemency for Peters in light of recent developments.
By: Magdalene Agyeiwaa Sarpong