Colorado Gov. Polis commutes sentence of former clerk Tina Peters, drawing fire from his own party

By 
, May 17, 2026

Colorado Gov. Jared Polis on Friday commuted the prison sentence of Tina Peters, the 70-year-old former Mesa County clerk convicted of allowing unauthorized access to her county's election equipment, a move that drew immediate praise from President Donald Trump and sharp condemnation from Colorado's Democratic secretary of state. Peters, who had been sentenced to more than eight years behind bars, is set to walk out on parole June 1.

The commutation was not a pardon. Peters remains a convicted felon. But it cut her sentence from eight years and three months to four years and four and a half months, Fox News reported, making her eligible for supervised release weeks from now. Polis included Peters among 44 people who received clemency actions the same day.

For a Democratic governor who has spent months publicly wrestling with the case, the decision landed right in the fault line between proportional sentencing and political pressure, and exposed a rift inside his own party over what accountability for election-related crimes should actually look like.

What Peters did, and what the courts found

Peters was convicted in October 2024 on seven counts tied to a scheme that gave an outsider access to Mesa County's election system. She used someone else's security badge to let an expert affiliated with MyPillow CEO Mike Lindell into the system, then allowed Lindell's associate to take a forensic image of the election system's hard drives after a software update in May 2021. Lindell has been one of the most prominent promoters of claims that voting machines were manipulated to steal the 2020 election from Trump.

The sentencing judge gave Peters what Polis himself called an "extremely unusual and lengthy sentence for a first time offender who committed nonviolent crimes." In a letter to Peters, the governor wrote that she "was convicted of serious crimes and deserved to spend time in prison", but that the punishment did not fit.

In April, a Colorado appeals court upheld Peters' conviction but ordered resentencing, ruling that the original judge had wrongly punished her for speaking out about election fraud. That finding gave Polis additional legal cover. As he told reporters, her application for clemency "demonstrates taking responsibility for your crimes, and a commitment to follow the law going forward."

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Peters, through her attorney, issued a statement that amounted to a public apology.

"Five years ago I misled the Secretary of State when allowing a person to gain access to county voting equipment. That was wrong. I have learned and grown during my time in prison and going forward I will make sure that my actions always follow the law, and I will avoid the mistakes of the past."

Trump's push, and Polis's pushback

Trump had been pressing for Peters' release for months. He met her at Mar-a-Lago in 2022 and described her afterward as a "rock star." More recently, he posted "FREE TINA!" on Truth Social around the time of the announcement. Breitbart reported that Trump had also written: "FREE TINA PETERS, A 73-YEAR-OLD WOMAN, WITH CANCER, GIVEN A NINE YEAR DEATH SENTENCE IN A COLORADO PRISON..."

Trump called Polis a "Scumbag Governor," referred to Peters as "elderly" and "sick," and said Colorado was "suffering a big price" for refusing to release her. He uninvited Polis from a White House meeting with governors earlier this year over the case and publicly criticized Daniel Rubinstein, the Republican district attorney who prosecuted Peters.

Polis did not take the pressure quietly. When CNN challenged him on whether Trump's advocacy influenced the decision, the governor fired back.

"[His statements] certainly made it a lot harder. President Trump tends to muck up everything he gets involved with, he does not understand this case."

Polis had been telegraphing the move for months. In January, he said publicly he was considering clemency, calling the sentence "unusual and harsh" for a first-time, nonviolent offender. In March, he repeated those arguments in a lengthy post on X. On Friday, he defended the commutation on social media.

"I'll always stand for free speech and to make sure that we live in a country that no matter what your viewpoints are, you are not incarcerated longer because of them."

The governor's stated rationale was consistent across those months: the crime was real, the conviction should stand, but the sentence was disproportionate. The New York Post reported Polis told the New York Times: "She committed a crime. She deserves to be a convicted felon."

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Democratic fury from Colorado's secretary of state

Colorado Secretary of State Jena Griswold, a fellow Democrat, did not share Polis's view. She called the commutation "a dark day for democracy" and held a news conference to say so.

"A clear message is being sent to those willing to break the law and attack democracy for the president, they will likely not face consequences for their actions."

Griswold went further, accusing Polis of capitulating to the White House: "Selling out our state's justice system for Trump is an affront to the rule of law."

That framing puts Polis in an awkward position. He insists the decision was about sentencing proportionality. Griswold insists it was about political pressure. Both are Democrats. The split reveals how deeply the Peters case divides the left, between those who want maximum consequences for anyone who challenged the 2020 election results and those who worry about the precedent of a nine-year sentence for a nonviolent, first-time offender.

Peters' time behind bars

Peters' imprisonment was not uneventful. In January, she was involved in a scuffle with another inmate. Colorado Department of Corrections spokesperson Alondra Gonzalez-Garcia said Peters was found not guilty of assault after a prison disciplinary hearing, though she was found guilty of being in a location without authorization.

Peters had part of her right lung removed in 2017, a health detail that Trump referenced when calling for her release. The federal Bureau of Prisons tried but failed to get Peters moved to a federal facility during her incarceration.

Just The News noted that the appeals court ruling last month, finding that part of her punishment improperly relied on her protected speech about 2020 election fraud claims, gave Polis a legal hook that went beyond politics. The governor leaned on that finding when explaining why the sentence deserved correction even though the conviction did not.

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The broader election-integrity landscape

Peters' case has always been tangled up in larger fights over election administration and who gets to examine the machinery of American voting. Her actions in Mesa County were not an isolated episode. The FBI's seizure of election records from Maricopa County and ongoing federal probes into election processes show that disputes over ballot integrity and access to voting systems remain live wires across the country.

Peters broke the law. The courts confirmed it. Even the governor who freed her said so plainly. But the question her case raises, whether a nine-year sentence for a nonviolent breach by a first-time offender is justice or a warning shot aimed at anyone who questions election systems, is one that neither party has answered cleanly.

Polis's executive order, Fox News reported, "specifically states that the commutation does not affect Peters' underlying criminal convictions." She walks out a felon, on parole, with conditions. Not exonerated. Not pardoned.

The growing scrutiny of election administration nationwide suggests Peters' case will not be the last time Americans argue over the line between election security and disproportionate punishment. The appeals court already said the sentencing judge crossed that line by punishing Peters for her speech. Polis agreed the sentence crossed it on proportionality grounds.

Griswold sees a governor who bent to a president. Polis sees a governor who applied the same standard he would to any first-time, nonviolent offender. Peters, for her part, says she has learned from her mistakes.

When a federal judge recently allowed the DOJ to retain seized election ballots from Fulton County, it underscored a simple reality: the legal battles over 2020 are far from settled, and the rules governing who can access election data, and what happens when they do, remain fiercely contested.

Tina Peters broke the rules and paid for it. Whether she paid enough, or too much, depends on whether you think the justice system should treat election crimes like violent felonies, or like what they are.

" A free people [claim] their rights, as derived from the laws of nature."
Thomas Jefferson