By Marshall Cohen, Fredreka Schouten, CNN
(CNN) — Former election clerk Tina Peters’ prison sentence has long been a rallying cry for President Donald Trump and other 2020 election deniers. Now, her lawyers are heading back to court to appeal her conviction as Colorado’s Democratic governor has signaled a new openness to letting her out of prison early.
Colorado Gov. Jared Polis recently said he’s considering clemency for the 70-year-old Peters – who was convicted in a 2020 election-related data breach scheme – because she is “elderly” and got a “harsh” punishment. While Trump’s symbolic federal pardon of Peters last month has no effect on her state charges, Polis’ recent comments are the strongest indication that he might commute the remainder of her 9-year sentence.
“We’re looking at this across a number of people – people in their 70s and 80s in our system, how much of a threat to society are they?” Polis, who is in his final year in office, told CBS Colorado last week. “We balance that in a way that makes sure that they can spend their last few years at home.”
Colorado officials have faced an intense pressure campaign from the White House over Trump’s demands that they release Peters from prison, with Trump taking several actions against the state in his first year back in office. Both Democratic and Republican election clerks in Colorado have raised concerns about Polis’ comments, arguing that releasing Peters would undermine confidence in elections.
“Ms. Peters’ sentence was not harsh by any reasonable standard,” said Matt Crane, a former GOP clerk who now runs the Colorado County Clerks Association. “Granting clemency to an unrepentant convicted criminal who deliberately sought to undermine our democratic system would be deeply concerning and risks further eroding public trust in the institutions Americans rely on for free and fair elections.”
Peters was convicted in 2024. She’s serving her sentence at a women’s prison in Pueblo and is the only Trump ally currently behind bars for 2020-related crimes. She denies wrongdoing, and a hearing in her appeal is slated for Wednesday afternoon in Denver.
“The Governor takes the responsibility of clemency very seriously, and his team reviews all applications submitted,” Polis spokesperson Shelby Wieman told CNN in an email Tuesday evening. “He will review this inmate’s application just like he would any other.”
Peters is listed as having a parole hearing expected in September 2028, according to the Colorado Department of Corrections website. But with Colorado’s parole eligibility rules, and if Peters earns time off for good behavior, she could become eligible to move into a halfway house or a similar arrangement this November, according to Alondra Gonzalez, communications director for the corrections department.
One of Peters’ lawyers, Patrick McSweeney, told CNN on Tuesday that Peters was overjoyed by Trump’s symbolic federal pardon, which he believes will help overturn her guilty verdicts even though the president can’t erase state charges. He also said he wasn’t involved in Trump’s other moves against Colorado.
“They could be helpful, or they could antagonize Colorado officials, I just don’t want to weigh in on that,” McSweeney said. “We’re content that she has the better legal arguments, and she will prevail in the Colorado Court of Appeals.”
He said Polis’ public comments seemed positive for Peters, but time will tell.
“I don’t tend to get caught up with statements from governors and politicians until they happen, especially when you’re in litiga