The Colorado Court of Appeals has thrown out election denier Tina Peters' nine-year prison sentence, finding that the lower court violated her First Amendment right to free speech related to her allegations of election fraud.

“The trial court’s comments about Peters’s belief in the existence of 2020 election fraud went beyond relevant considerations for her sentencing,” a three-judge panel wrote in a 77-page opinion that also upheld her conviction on charges including official misconduct in connection with a security breach of Mesa County’s voting system.

“Her offense was not her belief, however misguided the trial court deemed it to be, in the existence of such election fraud; it was her deceitful actions in her attempt to gather evidence of such fraud. Indeed, under these circumstances, just as her purported beliefs underlying her motive for her actions were not relevant to her defense, the trial court should not have considered those beliefs relevant when imposing sentence.”

The judges wrote that it was “apparent” the lower court imposed the sentence it did because Peters continued to espouse election denying views.

“The tenor of the court’s comments makes clear that it felt the sentence length was necessary, at least in part, to prevent her from continuing to espouse views the court deemed 'damaging.'

“But the court failed to acknowledge that Peters is no longer the Mesa County Clerk and Recorder," they continued. "She is no longer in a position to engage in the conduct that led to her conviction. So it cannot be said that the lengthy prison sentence was for specific deterrence. To the contrary, the sentence punished Peters for her persistence in espousing her beliefs regarding the integrity of the 2020 election."

The state appeals court directed the trial court judge, Matthew Branch, to resentence Peters without consideration of her comments on the 2020 election.

Peters was convicted of four felony and three misdemeanor charges in August of 2024 for using another person’s security badge to allow someone associated with MyPillow founder Mike Lindell, a prominent election denier and ally of President Donald Trump, access to county election equipment involving Dominion Voting Systems.

The county’s machines had to be replaced afterwards when data, including passwords for the machines, was posted online. Peters claimed she didn’t know the information would become public.

Her lengthy prison sentence had repeatedly been criticized by President Donald Trump, who issued a pardon for her, even though she was convicted of state, not federal crimes. Trump as recently as March 18 called for Peters to be “free.”

The appeals court judges found the pardon “has no impact on Peters’s state law offenses.”

NBC News has reached out to Peters’ attorney and the White House for comment.

Colorado Secretary of State Jena Griswold, a Democrat, said in a statement that "I am appreciative" of the appeals court's "rejection of Trump’s unlawful attempt to pardon her. Peters will continue to face accountability for coordinating a breach of her own election equipment. Her actions have been repeatedly used to spread conspiracy theories, amplify falsehoods, and fuel dangerous election lies."

County officials have said Peters' scheme cost the county over $1 million.

In a statement, Colorado Attorney General Phil Weiser called the sentence imposed on Peters “fair and appropriate.”

“Ms. Peters is in prison because of her own criminal conduct to prove false claims of voter fraud in the 2020 elections, and she has not shown any remorse for her actions," Weiser said.

“Whatever happens with her sentence, Tina Peters will always be a convicted felon who violated her duty as Mesa County clerk, put other lives at risk, and threatened our democracy," he said. "Nothing will remove that stain.”

In a statement in March, the state's Democratic governor, Jared Polis, said he was considering granting clemency to Peters because he thought the sentence for the first-time non-violent offender was "harsh."

Trump has repeatedly demanded Polis take action over the past year, including calling him a “scumbag” who should "rot in hell" for not having already released her in a Truth Social post in December.

Polis said in a statement Thursday, “This case has been very challenging and a true test of our resolve as a state to have a fair judicial system, not just for people we agree with but a fair system for Coloradans that we vehemently disagree with."

Polis added that he agreed with the court and was "pleased they rejected President Trump’s pardon, which has no effect on state crimes. I am also heartened to see our appellate court protect free speech and a fair and evenly applied justice system for all."

The governor also suggested he's still weighing Peters' case and keeping an open mind.

"In weighing clemency applications, I have reviewed many, many sentences during my time as Governor, and Tina Peters’ sentence of nine years was an obvious outlier," Polis said. "My job as Governor is to focus on what is right, not what is popular, and today the court took action to ensure equal justice for all."
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Gary Grumbach

Gary Grumbach is an NBC News legal affairs reporter, based in Washington, D.C.
Dareh Gregorian

Dareh Gregorian is a politics reporter for NBC News.

https://www.nbcnews.com/politics/politics-news/colorado-court-throws-election-denier-tina-peters-sentence-trump-rcna266421