Colorado Gov. Jared Polis intends to review Tina Peters' clemency case, sparking controversy among state leaders

Colorado Gov. Jared Polis said in a tweet on Tuesday night that he intends to review the clemency case for Tina Peters, the 70-year-old former Mesa County clerk who was convicted of multiple charges related to election interference in the 2020 presidential election.

Peters' case, in which she was sentenced to nine years in prison in 2024, has gained national attention, including from President Trump and many of his supporters, with many of Peters' supporters arguing her sentence was too harsh.

Polis, a Democrat, compared Peters' case to that of former state Sen. Sonya Jaquez Lewis, a Democrat who was convicted in January of four felony charges — attempting to influence a public figure and three counts of forgery — and sentenced on Tuesday to two years of probation and 150 hours of community service.

"It is not lost on me that she was convicted of the exact same felony charge as Tina Peters - attempting to influence a public official - and yet Tina Peters, as a non-violent first time offender got a nine year sentence," Polis tweeted, in part, on Tuesday. "Justice in Colorado and America needs to be applied evenly, you never know when you might need to depend on the rule of law. This is the context I am using as I consider cases like this that have sentencing disparities, which is why I have extended the deadline for clemency applications until April 3rd."

Polis' tweet has over 2,000 comments as of Wednesday morning, with many objecting to his sentiment.

Polis said he'll be reviewing clemency cases throughout the remainder of his time in office, which ends in January 2027, due to term limits.

The announcement and comparison drew condemnation from several other state leaders, including Colorado Attorney General Phil Weiser, who's running for governor, and Colorado Secretary of State Jena Griswold, who's running for state attorney general. Both are Democrats.

"Tina Peters was found guilty of three counts of attempting to influence a public servant along with four additional felony and misdemeanor counts. Beyond one count in common, it is not accurate to suggest that Peters' and Sonya Jaquez Lewis' actions or impacts are the same," Griswold said in a statement on Wednesday. "Peters organized the breach of the election equipment, broke the public trust and attacked the very foundations of our democratic process. Her actions are still being used to try to undermine the 2026 election. She should get no special treatment by the Governor, and his statement is shocking and worrisome."

Weiser also expressed his opposition to clemency for Peters, saying a reduction in her sentence would constitute a "grave miscarriage of justice" and be "dangerous for free and fair elections."

"My office worked with the Mesa County district attorney to prosecute Tina Peters and hold her to account," he continued. "The judge imposed a reasonable sentence on Ms. Peters for her crimes, particularly in light of her lack of any remorse, and she should serve her time."

David Seligman, a longtime nonprofit attorney in Denver who's also running for state attorney general in the Democratic primary, said in a tweet that it's "Hard to believe these concerns are genuine when less than a year ago he vetoed a bill preventing municipal courts from sentencing people for crimes of poverty more harshly than state courts. This isn't criminal justice reform. This is acquiescing to Trump dressed up as mercy."

The announcement was largely celebrated by Republicans and conservatives, both in and out of government, with Rep. Lauren Boebert, who represents Colorado's 4th Congressional District, quote-tweeting Polis, saying, "FREE TINA!"

Mike Davis, an attorney and former law clerk for Supreme Court Justice Neil Gorsuch when Gorsuch was a judge on the 10th Circuit Court of Appeals in Colorado, tweeted, "Amen. Colorado Governor Jared Polis appears to be on the path of freeing Tina Peters."

The president pardoned Peters in December, but she was charged in state court, meaning the official pardon had no actual legal impact on her conviction or prison sentence.

"Democrats have been relentless in their targeting of TINA PETERS, a Patriot who simply wanted to make sure that our Elections were Fair and Honest," the president claimed on Truth Social, though Peters was prosecuted by an elected Republican district attorney. "Tina is sitting in a Colorado prison for the 'crime' of demanding Honest Elections."

He also granted pardons to dozens of other people accused in state court of trying to overturn his 2020 election loss, including "alternate state electors" and his former personal lawyer, Rudy Giuliani.

A Mesa County jury found Peters guilty of three counts of attempting to influence a public servant, one count of conspiracy to commit criminal impersonation, first-degree official misconduct, violation of duty and failing to comply with Colorado's Secretary of State. She was acquitted of an additional count of criminal impersonation, a charge of conspiracy to commit criminal impersonation and an identity theft charge.

At her sentencing, 21st Judicial District Judge Matthew Barrett told Peters, "you're as privileged as they come," and "you're as defiant as a defendant as this court has ever seen."

Peter Ticktin, an attorney for Tina Peters, told CBS News Colorado on Wednesday that "there is no reason to keep Tina Peters in prison" and that he hopes Polis commutes Peters' sentence this week and lets her "enjoy the freedom she deserves."

Ticktin said he thinks Peters is only in prison because he feels the judge "wanted her to be silenced," because Griswold "is the true criminal," and because the prosecutor in the case wanted to "teach a lesson to other Clerks."

"Surely, these purposes have all been accomplished," he said.