A Colorado Democrat just did what Donald Trump had been demanding for months. He freed a woman convicted of tampering with voting machines after the 2020 election.
Democratic Gov. Jared Polis on Friday announced he is commuting the sentence of former Mesa County Clerk Tina Peters, who was facing more than eight years in state prison for allowing unauthorized access to voting machines. The decision was swiftly condemned by other Colorado Democrats.
Polis told CBS News Colorado he decided to commute Peters’ sentence because her long prison term was “very unusual for a first-time nonviolent offender.” He also said he agreed with an appellate court ruling last month that found the judge who sentenced Peters had put too much weight on her beliefs about election fraud, which are a form of protected speech.
“She has crazy viewpoints, conspiratorial viewpoints that are not accurate, not true. But that is not a crime in our country or in our state,” Polis said. “I think as a state, we need to move past this.”
The Conviction and the Commutation
Peters was convicted last summer on seven counts, including attempting to influence a public servant, conspiracy to commit criminal impersonation, and official misconduct. Prosecutors alleged that in 2021, Peters and others “devised and executed a deceptive scheme” to cause an unauthorized person to access Mesa County voting machines. Images from the county’s voting equipment later showed up online.
At a sentencing hearing late last year, Judge Matthew Barrett called Peters a “charlatan” and “as defiant a defendant as this court has ever seen.” He sentenced her to nine years behind bars.
An appeals court upheld Peters’ conviction last month but said she needed to be resentenced, concluding that her punishment was based in part on protected speech.
Polis commuted her sentence to four years and four-and-a-half months, including time served. Peters will be granted parole effective June 1. The decision does not wipe away her conviction.
The Trump Factor
The president has long pushed for Peters’ release and attacked Polis for not taking action sooner. Trump granted a pardon to Peters last year, even though the president’s pardoning power does not extend to state crimes. On Friday, Trump celebrated the commutation on Truth Social with two words: “FREE TINA!”
Polis told CBS News Colorado he did not speak to Trump about the commutation and pushed back on allegations that he was bending to political pressure. “I completely disagree with her beliefs,” he said. “But even if you believe the world is flat, you shouldn’t get a harder sentence because of that.”
The Backlash
Colorado Secretary of State Jena Griswold quickly condemned the decision, calling it a “gross injustice to our elections, election workers and democracy with far-reaching consequences.” Democratic Sens. Michael Bennet and John Hickenlooper both spoke out. “Reducing her sentence sends the wrong message to those seeking to undermine trust in our elections,” Hickenlooper said.
Colorado Attorney General Phil Weiser, a Democrat who is also running to replace Polis, called the decision “mind-boggling and wrong as a matter of basic justice.” “Caving in to this president will only lead to more abuse from the bullying Trump administration. Today is a sad day for Colorado and the rule of law,” he said.
Peters’ Apology
Peters apologized in a statement Friday, writing that she “made mistakes” and “misled the Secretary of State when allowing a person to gain access to county voting equipment.” “That was wrong,” she said. “I have learned and grown during my time in prison, and going forward, I will make sure that my actions always follow the law, and I will avoid the mistakes of the past.”
The Bottom Line
Colorado Gov. Jared Polis commuted the sentence of Tina Peters, the former Mesa County clerk convicted of tampering with voting machines after the 2020 election. Peters was facing more than eight years in prison. Polis reduced her sentence to four years and four-and-a-half months, with parole effective June 1. The decision follows months of pressure from President Trump, who had demanded Peters’ release. Polis said he acted because Peters’ long sentence was “very unusual for a first-time nonviolent offender” and because an appeals court found the original judge had improperly weighed her protected speech. Colorado Democrats quickly condemned the move, calling it a “gross injustice” and “mind-boggling.” Peters apologized, saying she “made mistakes” and has “learned and grown.”
The commutation does not erase her conviction. But it does mean she will walk free next month — over the objections of her own party’s leadership in Colorado.
