Tina Peters’ commutation has left election officials feeling betrayed

“Votebeat is a nonprofit news organization reporting on voting access and election administration across the U.S. Sign up for our free weekly newsletter to get the latest. When Colorado Gov. Jared Polis first signaled that he was considering clemency or a commutation for Tina Peters, a former county clerk who was convicted for helping to breach her county’s election systems in an effort to uncover fraud in the 2020 election, election officials urged him against it . Pam Anderson, another former county clerk who defeated Peters in the 2022 Republican primary for secretary of state, in January accused Polis of “enabl[ing] violent, lying, bullying criminals” by considering clemency. Caleb Thornton, a lawyer for the Colorado secretary of state’s office who testified at Peters’ trial, wrote in February that the possibility of a commutation was “a slap in the face to all election officials around the country.” Their pleas didn’t work. On Friday, Polis, a Democrat, said he would commute Peters’ sentence; she is expected to be freed on parole June 1. In a commutation letter and press interviews , Polis said he believed her sentence of nearly nine years in prison was too harsh for a first-time nonviolent offender, and that the severity of her sentence was based in part on what he said was her incorrect belief in conspiracy theories about election fraud — not solely her illegal actions. Now, many Colorado election officials who have spent years working to convince the public that they run free and fair elections feel betrayed by the governor’s decision and don’t believe Peters has shown enough remorse to merit relief. “We needed the governor to hold the line, and he let us down,” said Lori Mitchell, the clerk and recorder in Chaffee County. “We protected everything, and basically he’s saying the one woman who betrayed that trust for the public — she deserved to go home early. It’s just hard to even explain to my staff.” In a social media post Friday, Peters said she had “made mistakes,” and “going forward I will make sure that my actions always follow the law.” Polis’ decision came as election officials remain under pressure, preparing for what promises to be fraught midterm elections this year. President Donald Trump, who has repeatedly advocated for Peters’ freedom, continues to suggest elections are rigged. His administration is again investigating previously debunked allegations about the 2020 election, and some activists who supported his claims in 2020 now hold official positions in the federal government. Mitchell, a Democrat who is not running for reelection as clerk, said that she believes Polis gave in to Trump’s campaign to free Peters. She predicted that those who promote conspiracy theories about elections and consider Peters a martyr will see this as a victory. “She is going to be on the pedestal, and I think that’s really bad for elections in this country,” she said. Election officials feel abandoned In 2024, a jury convicted Peters of multiple charges in connection with a 2021 breach of her county’s election equipment that forced the county to eventually replace it. Her case became a cause celebre among those who believe the 2020 election was rigged, and Trump even issued her a federal pardon, though it had no legal effect (she was convicted of state crimes, not federal ones). Colorado officials and others linked Trump’s campaign for her freedom to his administration’s withholding of unrelated federal funds from Colorado. A Colorado appeals court in April upheld Peters’ conviction but threw out her sentence, finding the trial court judge’s criticism of her beliefs during the sentencing went too far. The panel ordered her resentenced but did not free her from prison. The court had not yet resentenced her. Election officials have for months warily parsed Polis’ signals that he was considering taking action in the Peters case and didn’t hold back once they learned of it. “A clear message is being sent to those willing to break the law and attack our democracy for the president that they very likely will not face consequences for their actions,” Colorado Secretary of State Jena Griswold, a Democrat, said in a press call shortly after the news broke Friday. During the same call, Matt Crane, the executive director of the Colorado Clerks Association, said the group was “furious, disgusted, and deeply disappointed” by Polis’ decision. Later that day, in an interview with Votebeat, Crane said that “election officials just feel very alone right now.” Jessica Huseman contributed reporting. Carrie Levine is Votebeat’s editor-in-chief and is based in Washington, D.C. Contact Carrie at clevine@votebeat.org .

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