US court orders resentencing for Colorado clerk involved in election scheme 

An appeals court in the state of Colorado has ordered the resentencing of Tina Peters, a former county clerk convicted of involvement in an election meddling scheme in the United States.

The court overturned Peters’s nine-year prison sentence on Thursday, but not her conviction for helping to tamper with voting machines after the 2020 presidential race.

Her case has become a cause celebre for President Donald Trump and the election denial movement, after it emerged that she was seeking evidence to support Trump’s false claim that his 2020 loss was due to massive fraud.

In Thursday’s decision, the three-judge appeals panel ruled that a lower court had considered Peters’s personal beliefs when deciding upon a punishment, thereby rendering the sentence improper.

“The trial court’s comments about Peters’s belief in the existence of 2020 election fraud went beyond relevant considerations for her sentencing,” the appeals court wrote.

The panel cited comments from Judge Matthew Barrett, who blasted Peters as a “charlatan” promoting “snake oil” claims.

“Her offence was not her belief, however misguided the trial court deemed it to be, in the existence of such election fraud,” the appeals court said. “It was her deceitful actions in her attempt to gather evidence of such fraud.”

Peters was convicted in August 2024 for helping someone from outside the government gain access to the Mesa County election system and make copies.

That person was affiliated with efforts to overturn Trump’s 2020 loss, and the copies they obtained were then shared on social media.

False claims that the 2020 election was marred by massive fraud have been a persistent fixation for Trump and his allies, even after his successful re-election in 2024.

Trump’s efforts to remain in office after his 2020 defeat were the subject of a 2023 criminal indictment brought by former special counsel Jack Smith.

He alleged that Trump led a criminal conspiracy to undermine the election process and rally supporters to overturn the results. Those charges, however, were ultimately dropped when Trump took office again in 2025, as the US Justice Department has a policy against prosecuting sitting presidents.

Since his inauguration, Trump has continued to push the claims he won the 2020 race. He has also used his allegations of fraud to demand greater control over the country’s election infrastructure in advance of the upcoming 2026 midterm elections.

In December, the president pardoned Peters, even though she was not in federal custody, and the presidential power of pardon does not extend to state crimes.

The appeals court panel confirmed on Thursday that Trump’s pardon had no impact on state offences.

“We have found no instance where the presidential pardon power has been stretched in such a way as to invade an individual state’s sovereignty,” the panel said.

State Governor Jared Polis suggested last month that he could consider clemency for Peters.