Court frees Tina Peters from 'deceitful' label as 9-year sentence cut: 'Not her belief, her actions'

WASHINGTON, DC: A Colorado appeals court has overturned the nine-year prison sentence of former Mesa County Clerk Tina Peters, ruling that the trial court improperly factored her election fraud beliefs into its sentencing decision.

The panel on Thursday, April 2, found that such considerations violated Peters’ First Amendment rights, even as it upheld the underlying conviction related to tampering with election equipment.

The case will now return to the lower court for resentencing. The decision comes amid continued legal and political attention surrounding Peters’ actions and claims about the 2020 election.

Appeals court cites First Amendment concerns in sentencing decision

In a detailed 77-page opinion, the Colorado Court of Appeals concluded that the trial court overstepped by weighing Peters’ views on election fraud when determining her sentence.

“The trial court’s comments about Peters’ belief in the existence of 2020 election fraud went beyond relevant considerations for her sentencing,” a three-judge panel wrote.

The judges emphasized that Peters’ beliefs themselves were not the basis of her conviction. “Her offense was not her belief, however misguided the trial court deemed it to be, in the existence of such election fraud; it was her deceitful actions in her attempt to gather evidence of such fraud,” the panel stated.

They further noted, “Indeed, under these circumstances, just as her purported beliefs underlying her motive for her actions were not relevant to her defense, the trial court should not have considered those beliefs relevant when imposing sentence.”

According to the ruling, it was “apparent” that the lower court’s sentencing decision was influenced by Peters’ continued promotion of election denial claims.

"The tenor of the court’s comments makes clear that it felt the sentence length was necessary, at least in part, to prevent her from continuing to espouse views the court deemed 'damaging,'" the judges added.

However, the appeals court found this reasoning flawed, noting that Peters no longer holds the position that enabled her actions.

“But the court failed to acknowledge that Peters is no longer the Mesa County Clerk and Recorder,” the judges wrote.

“She is no longer in a position to engage in the conduct that led to her conviction. So it cannot be said that the lengthy prison sentence was for specific deterrence.”

State officials respond as case returns for resentencing

Following the ruling, Colorado Attorney General Phil Weiser defended the original sentence, calling it “fair and appropriate” in a statement. 

He reiterated that Peters’ imprisonment stems from her actions rather than her rhetoric. “Ms Peters is in prison because of her own criminal conduct to prove false claims of voter fraud in the 2020 elections, and she has not shown any remorse for her actions,” Weiser said.  

He also underscored the broader implications of her conduct, adding, “Whatever happens with her sentence, Tina Peters will always be a convicted felon who violated her duty as Mesa County clerk, put other lives at risk, and threatened our democracy. Nothing will remove that stain.”

The appeals court’s decision does not overturn Peters’ conviction but instead focuses narrowly on the sentencing process.

The case will now return to the trial court, which must impose a new sentence consistent with the appellate ruling. It remains unclear how significantly the sentence could change following reconsideration.