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By Dan Gooding
Associate News Editor
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An appeals court in Colorado granted Tina Peters, an ally of President Donald Trump, a win on Thursday, ruling she should be resentenced over a 2020 election fraud probe.
While judges on the Colorado Court of Appeals upheld Peters' conviction for tampering with voting machines, they said the judge who handed down her sentence should not have considered her continued promotion of election fraud conspiracies.
Peters is serving a 9-year prison sentence, which Trump has tried to pardon her for. Colorado Attorney General Phil Weiser said he believed the sentence had been "fair and appropriate".
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Newsweek reached out to the White House for comment via email Thursday afternoon.
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Who Is Tina Peters?
Peters was the Mesa County Clerk in Colorado, and she has become a symbol for Trump allies who promote conspiracy theories about the 2020 election. Trump has publicly demanded her release, threatened “harsh measures” against Colorado and cut off federal funding to the state in response to her imprisonment.
Peters has remained defiant, insisting that her actions were motivated by what she believed was a duty to expose election wrongdoing. She has argued that the judge violated her First Amendment rights by punishing her for voicing claims about election fraud.
What Did Tina Peters Do?
She was convicted of multiple state crimes related to a 2021 plan in which she allowed an outside computer expert to access Mesa County’s election system without authorization. Images of the voting system’s hard drives—including photos and videos of confidential passwords—were later shared online and posted to a conservative website.
Prosecutors said Peters’ actions compromised election security and fueled misinformation. Peters has said she believed she had a duty as clerk to preserve election data.
She was convicted of three counts of attempting to influence a public servant and one count each of conspiracy to commit criminal impersonation, first‑degree official misconduct, violation of duty and failure to comply with the secretary of state’s requirements.
At sentencing, the judge called Peters a “charlatan” and said she posed an ongoing danger to the community by spreading false claims about voting and undermining confidence in democracy.
Peters’ lawyers argued that her sentence punished her for protected speech and violated the First Amendment.
Was Tina Peters Pardoned by Donald Trump?
Trump announced in December that he was granting Peters a full pardon, but any federal action does not overrule state-based convictions. The president has accused Democrats of prosecuting Peters and others who had "wanted Safe and Secure Elections", rather than serious, violent criminals. He has posted to social media that she is a patriot.
In January, Democratic Governor Jared Polis said he was considering granting clemency for Peters, calling her sentence “unusual and harsh“ for a first-time, non-violent offender. His comments sparked backlash from fellow Colorado officials.
What People Are Saying
Colorado Attorney General Phil Weiser, a Democrat, in a statement after Thursday's ruling: “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."
President Donald Trump, in a Truth Social post in December: "Democrats have been relentless in their targeting of TINA PETERS, a Patriot who simply wanted to make sure that our Elections were Fair and Honest. Tina is sitting in a Colorado prison for the 'crime' of demanding Honest Elections. Today I am granting Tina a full Pardon for her attempts to expose Voter Fraud in the Rigged 2020 Presidential Election!"
What Happens Next
The appeals court sent Peters' case back to a lower court to issue a new sentence. She remains in a Colorado state prison.
This article contains reporting by The Associated Press.
Update 4/2/26, 12:40 p.m. ET: This article was updated with additional information.
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