By yourNEWS | yournews.com
Denver, CO — Former Mesa County Clerk Tina Peters is seeking release from detention through a federal habeas corpus petition, alleging that her prosecution and incarceration violate federal law and her constitutional rights. The case, Tina Peters v. John Feyen and Philip J. Weiser, Civil Action No. 1:25-cv-00425-STV, is currently before U.S. District Court Judge Scott T. Varholak in the District of Colorado.
Peters, convicted at the state level for actions taken while serving as the chief election official for Mesa County during the 2020 election, is now challenging the legitimacy of her prosecution. Her legal team argues that her actions were not only lawful but mandated by her duties under federal law to preserve election records.
The American Rights Alliance (ARA), a nonprofit legal advocacy group, has filed an amicus curiae brief in support of Peters. Represented by attorney Peter Ticktin of The Ticktin Law Group, the ARA contends that Peters’ prosecution conflicts with both federal election law and whistleblower protections. The brief asserts that her actions were protected under 52 U.S.C. §20701, which requires election records to be retained for 22 months following a federal election.
According to the brief, Peters acted to preserve election data that was at risk of being erased during a software upgrade ordered by Colorado Secretary of State Jena Griswold in April 2021. Peters arranged for an expert to oversee the software process and created video and photographic documentation to ensure compliance with federal recordkeeping requirements.
“No statute or regulation prohibited Ms. Peters from making the video or taking pictures with her cellphone,” the brief states. It further argues that as the elected Clerk and Recorder, Peters was within her legal rights to authorize an expert, identified as Conan Hayes, to observe the software upgrade, citing Colorado Election Rule 20.5.3(b) in effect at the time.
The ARA brief also invokes the Supremacy Clause of the U.S. Constitution, arguing that state actions that conflict with federal law are preempted. It cites the U.S. Supreme Court’s decision in Norma Jean Anderson v. Donald Trump (March 4, 2024), which emphasized the overriding authority of federal election laws in cases involving federal elections.