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4h ago

Colorado Appeals Court Hears Tina Peters’ Bid to Overturn Election‑Breach Convictions

Peters’ appeal centers on whether Trump’s December pardon can affect state crimes and on a claimed federal‑duty immunity.

Tina Peters listens during her trial, on March 3, 2023, in Grand Junction, Colorado.
FILE - Candidate Tina Peters speaks during a debate for the state leadership position, Feb. 25, 2023, in Hudson, Colo. (AP Photo/David Zalubowski, File)
Colorado Gov. Jared Polis looks on during the opening plenary session at the 2024 summer meeting of the National Governors Association, Thursday, July 11, 2024, in Salt Lake City.
Mesa County Clerk and Colorado Republican candidate for secretary of state Tina Peters reacts to early election returns during a primary night watch party at the Wide Open Saloon on June 28, 2022 in Sedalia, Colorado. Peters lost to former Jefferson County Clerk Pam Anderson, who will move on to face Democratic incumbent Jena Griswold. (Photo by Marc Piscotty/Getty Images)

Overview

  • Lawyers for Tina Peters urged the Colorado Court of Appeals on Wednesday to reverse her 2024 convictions or order resentencing, and asked the court to recognize President Donald Trump’s pardon to secure her release.
  • State attorneys told the court that the Constitution limits presidential clemency to federal offenses, noting no president has ever pardoned a state crime.
  • Peters’ team argued she acted to preserve election records and is shielded by a federal‑duty immunity rooted in the Supremacy Clause, a position the state rejects because she was a county official and backups already existed.
  • The case stems from Peters using another person’s badge to admit Conan Hayes to a secure Mesa County system update, after which prosecutors say hard drives were copied and partially redacted passwords surfaced online; Hayes was not charged.
  • Gov. Jared Polis has called the nine‑year sentence harsh and is weighing clemency, as Secretary of State Jena Griswold and the Colorado County Clerks Association urged him not to pardon or commute.