DENVER, CO — A Colorado appeals court has vacated the nine-year prison sentence of former Mesa County Clerk Tina Peters, ruling that the original punishment improperly considered her protected speech, while upholding her criminal convictions.
According to reporting from the Associated Press, Peters was convicted in 2024 of multiple felonies and misdemeanors tied to a 2021 breach of election equipment, where an unauthorized individual copied sensitive voting system data. The court affirmed those convictions but found the sentencing judge erred by factoring in Peters’ public statements about election fraud.
Judges ruled that punishing her for expressing those views violated First Amendment protections, requiring the case to return to a lower court for resentencing. Her legal team has indicated they may seek a reduced sentence that could result in her release.
The court also rejected arguments that a presidential pardon could apply, stating federal clemency powers do not extend to state convictions.
The case has drawn national attention, with political leaders weighing in as the resentencing process moves forward.
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