Polis commutes Tina Peters sentence before resentencing begins

By Jen Schumann | Rocky Mountain Voice

Two weeks ago, the judge who first sent Tina Peters to prison called her resentencing “inevitable.”

Friday afternoon, Gov. Jared Polis stopped it before it could happen.

In an executive order issued May 15, Polis commuted Peters’ sentence to 4 years and 4.5 months and ordered her released on parole effective June 1. The Colorado Parole Board will determine the terms of her release.

Peters had served 591 days of the nearly nine-year sentence imposed in October 2024 after a Mesa County jury convicted her on seven election-related counts. The Colorado Court of Appeals vacated that sentence April 2, ruling the trial court improperly considered Peters’ protected speech regarding election fraud claims during sentencing while still upholding all seven convictions.

The case remained before 21st Judicial District Judge Matthew Barrett for resentencing.

Polis acted first.

The governor announced clemency for 44 people Friday, including 35 pardons and nine commutations. Peters was among six inmates granted parole effective June 1.

“This power has the ability to change lives-help grant a second chance for someone who has made grave mistakes-and it comes with great consideration, and sometimes even controversy,” Polis said in the announcement.

The commutation does not erase Peters’ convictions.

Executive Order C 2026 039 specifically states the action “shall not in any way affect the underlying criminal conviction.” Peters remains a convicted felon under Colorado law. What changes is the length of her incarceration.

Her estimated parole eligibility date was 2028. Under the order, she is granted parole effective June 1.

In a separate clemency letter to Peters, Polis acknowledged the seriousness of the underlying conduct while also calling the sentence unusually harsh for a first-time nonviolent offender.

“You were sentenced to 6 months in County Jail and 8 years and 3 months in the Department of Corrections, for a total sentence of almost 9 years,” Polis wrote. “The crimes you were convicted of are very serious and you deserve to spend time in prison for these offenses.”

But Polis also cited the Court of Appeals’ First Amendment concerns.

“I agree with the principle highlighted by the Colorado Court of Appeals in your case that, ‘…the First Amendment generally prohibits punishing someone for their protected speech,’” Polis wrote.

The governor also made a finding no court has made so far.

“Importantly, your application demonstrates taking responsibility for your crimes, and a commitment to follow the law going forward,” Polis wrote. “For these reasons, I am commuting your sentence.”

Shortly after Polis announced the commutation, Peters released a statement that appeared to directly address the governor’s finding.

“I made mistakes, and for those I am sorry,” Peters said. “Five years ago I misled the Secretary of State when allowing a person to gain access to county voting equipment. That was wrong.”

Peters also condemned threats and intimidation surrounding the case.

“I condemn any and all bullying, threats and acts of violence against voters, county clerks, election workers, and other public officials, and concerned citizens like myself,” she said.

Peters said she plans to continue supporting election integrity efforts “through legal means” after her release while also advocating for prison reform based on her experience in custody.

“I am grateful for a second chance and an earlier release, and I look forward to doing good in the world,” Peters said.

The public acknowledgment came less than three weeks after Barrett rejected Peters’ bid for bond pending appeal.

Barrett had denied Peters’ renewed motion for bond pending appeal April 29, writing that future appeals were “frivolous” and would likely be used to delay “the inevitable resentencing.”

The governor’s action effectively ends the resentencing process before it begins.

Within minutes of the announcement, Colorado Secretary of State Jena Griswold sharply criticized the decision.

“This clemency grant to Tina Peters is an affront to our democracy, the people of Colorado, and election officials across the country,” Griswold said in a statement distributed Friday afternoon.

Griswold’s office also argued Peters’ actions forced Mesa County to spend nearly $1 million replacing election equipment following the 2021 security breach investigation.

Peters was convicted in 2024 of three counts of attempting to influence a public servant along with conspiracy to commit criminal impersonation, official misconduct, Violation of Duty and failure to comply with Secretary of State requirements.

Polis told lawmakers in March he would wait for the Court of Appeals to rule. The court ruled April 2. The resentencing never happened.

President Donald Trump also weighed in shortly after the announcement, posting “FREE TINA!” on Truth Social Friday afternoon.

What began as a resentencing fight has now become a parole countdown.