Colorado governor signals openness to clemency for convicted election clerk

DENVER — Colorado Gov. Jared Polis signaled Tuesday he is open to granting clemency to former Mesa County Clerk Tina Peters, who is serving a nine-year prison sentence for a scheme that copied election computer system data in search of evidence of fraud in the 2020 presidential election. The governor’s remarks drew immediate backlash from the state’s attorney general, secretary of state, and county election officials, who warned the move could signal tolerance for election interference ahead of the 2026 midterms.

Polis cited a sentencing disparity between Peters’ case and that of a former state lawmaker recently sentenced to probation for a related offense. President Donald Trump has threatened “harsh measures” against Colorado and cut off state funding in an ongoing pressure campaign seeking Peters’ release.

“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 X.

What Polis would require

Polis told KUSA-TV on Wednesday that any successful clemency application would require Peters to demonstrate remorse.

“What she would have to show in any successful clemency application would be appropriate contrition, apology. That’s the kind of thing I would be looking for,” he said.

Peters has not expressed remorse for her actions, defending them as necessary to investigate possible fraud, according to the Associated Press. Peters’ lawyers welcomed the governor’s initial comments and said they hoped her sentence would be reduced to the approximately 17 months she has already served while they continue to pursue her convictions in the state appeals court.

“Action takes real courage,” said attorney John Case, who declined to discuss any conversations with the governor’s office, citing the confidentiality of the clemency process.

Swift backlash from state officials

Colorado Secretary of State Jena Griswold, a Democrat running for state attorney general, called Polis’ comments “shocking and worrisome.” Griswold said Polis was wrong to compare Peters’ case to that of former state Sen. Sonya Jaquez Lewis, who was sentenced Friday to probation and community service.

The two cases differed substantially in scope. Lewis was convicted of one count of attempting to influence a public servant and three counts of forgery arising from letters she allegedly forged during a legislative ethics investigation into staff mistreatment. Peters was found guilty 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 requirements of the secretary of state.

Colorado Attorney General Phil Weiser, whose office helped prosecute Peters, said Peters has not demonstrated any remorse.

“Clemency should be based on remorse, rehabilitation, and extenuating circumstances — not on political influence, favor, or retribution,” Weiser said in a statement.

U.S. Sen. Michael Bennet, who is running to succeed the term-limited Polis, also opposed any clemency action.

“Donald Trump may be seeking revenge on Colorado, but surrendering to his political pressure will not make our state stronger or safer,” Bennet said.

Matt Crane, executive director of the Colorado County Clerks Association, said he worried that early release would send the wrong message to anyone considering election interference ahead of November’s midterms.

“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.

Peters’ conviction and appeal

Peters arranged for an outside computer expert to copy images of Mesa County’s election computer system before and after state officials updated it in 2021. A photo and video of confidential voting system passwords were later posted on social media and a conservative website. Peters maintained she had a duty to preserve the information as clerk.

The sentencing judge called Peters a “charlatan” and said she posed a danger to the community for spreading false claims about voting and undermining the democratic process. Peters’ lawyers have argued that the judge violated her First Amendment rights by imposing a stiff sentence based on her election fraud allegations. Appeals court judges appeared sympathetic to that argument during oral arguments in January, according to the Associated Press.

MSI previously reported that Colorado’s attorney general accused Trump of running a “revenge campaign” against the state over its refusal to release Peters.

Polis’ relationship with Trump

In contrast to many Democratic governors, Polis has at times taken an accommodating stance toward Trump. As Trump entered office, Polis praised the concept of the Department of Government Efficiency and the nomination of Robert F. Kennedy Jr. to lead the Department of Health and Human Services. Polis has also criticized Trump’s positions on tariffs and immigration.

A Polis spokesperson, Shelby Wieman, said the governor has been skeptical of Peters’ sentence since January and was drawing a comparison with Lewis’ sentence issued last week.