Colorado's Democratic Governor Jared Polis is considering clemency for former Mesa County Clerk Tina Peters, who is serving nine years for election fraud schemes. The move comes after President Trump threatened harsh measures against Colorado unless Peters is released.
DENVER (AP) — Colorado’s Democratic governor is contemplating clemency for a former county clerk imprisoned for election fraud activities, following pressure from President Donald Trump.
Governor Jared Polis drew sharp criticism Wednesday from the state’s top officials after indicating his willingness to consider reducing the sentence of former Mesa County Clerk Tina Peters. The attorney general, secretary of state, and local election officials association condemned the potential move as sending a dangerous message before upcoming midterm elections.
On Tuesday, Polis compared Peters’ situation to that of a former state legislator who received a much lighter sentence despite being convicted of similar charges. Peters is currently serving nine years in prison, while the former lawmaker received only probation and community service. The governor had previously called Peters’ sentence “harsh” in January, noting she had no prior criminal record.
“Justice in Colorado and America needs to be applied evenly, you never know when you might need to depend on the rule of law. This is the context I am using as I consider cases like this that have sentencing disparities,” Polis wrote on the social platform X.
Peters’ legal team praised the governor’s statements and expressed hope for her sentence to be reduced to time already served — approximately 17 months. They seek her release while pursuing appeals to overturn her convictions.
“Action takes real courage,” said one of her lawyers, John Case.
Case declined to discuss any potential communications with the governor’s office regarding clemency, citing the confidential nature of such proceedings.
Peters has gained support among those who believe Trump’s unfounded claims about the 2020 election being stolen, particularly conspiracy theory advocates.
Trump has threatened severe consequences against Colorado unless Peters is freed, and his administration has already suspended state funding.
Secretary of State Jena Griswold, a Democrat seeking the attorney general position, called Polis’ remarks “shocking and worrisome.” She criticized his comparison between Peters and former state Senator Sonya Jaquez Lewis, noting that while both were convicted of attempting to influence a public servant, they faced different additional charges.
Colorado Attorney General Phil Weiser, whose office participated in Peters’ prosecution, emphasized that Peters has shown no regret for her actions.
“Clemency should be based on remorse, rehabilitation, and extenuating circumstances — not on political influence, favor, or retribution,” stated Weiser, a Democrat running to succeed the term-limited Polis.
U.S. Senator Michael Bennet, also seeking to replace Polis as governor, opposed any pardon or sentence reduction for Peters.
“Donald Trump may be seeking revenge on Colorado, but surrendering to his political pressure will not make our state stronger or safer,” the Democrat declared.
Matt Crane, executive director of the Colorado County Clerks Association, argued there are minimal similarities between Peters’ and Lewis’ cases.
“It seems he’s tying himself in knots trying to find a way to commute her sentence,” he said of the governor.
Crane expressed concern that early release would send the wrong signal before midterm elections.
“The signal is it’s OK to work to undermine our elections because, whether it’s President Trump or Jared Polis, you’ll get a get-out-of-jail free card,” Crane said.
Governor spokesperson Shelby Wieman responded that Polis has questioned the disparity between Peters’ sentence and that of the former legislator.
Unlike many Democratic governors, Polis, who considers himself a political maverick, has occasionally taken conciliatory positions toward Trump. Upon Trump’s inauguration, Polis supported the Department of Government Efficiency concept under Elon Musk and endorsed Robert F. Kennedy Jr.’s nomination for Health and Human Services Secretary.
However, he has also criticized Trump’s positions on tariffs and immigration policies.
Both Peters and Lewis were found guilty of attempting to influence a public servant — a charge involving deception or threats to manipulate public officials.
Lewis faced one count of that charge plus three forgery counts. Prosecutors alleged she fabricated support letters during a legislative ethics probe into staff mistreatment allegations. Her attorney, Craig Truman, refused to comment on her case.
Peters was convicted for allowing an unauthorized computer expert to copy her county’s election system data before and after a 2021 state update. Confidential voting system passwords were subsequently published on social media and conservative websites. Peters claimed she was fulfilling her duty as clerk to preserve this information.
Peters was found guilty on three counts of attempting to influence a public servant, plus single counts of conspiracy to commit criminal impersonation, first-degree official misconduct, violation of duty, and failure to comply with secretary of state requirements.
Peters’ attorneys argue the judge violated her First Amendment rights by imposing a harsh sentence for her election fraud allegations. The judge labeled her a “charlatan” and declared she endangered the community by spreading voting misinformation and undermining democratic processes.
During January oral arguments, appeals court judges appeared receptive to the free speech defense.