No Democrat in the Colorado legislature thinks that Gov. Jared Polis should reduce the nine-year prison sentence of former Mesa County Clerk Tina Peters, which the governor has all but said he will do.
The Colorado Sun on Wednesday asked each of the 66 Democrats in the General Assembly whether they think Polis should commute Peters’ sentence after the governor offered justification on social media Tuesday should he do just that. None said “yes,” and many used expletives in emphatically saying “no.”
“I think it’s a ridiculous idea,” said state Rep. Karen McCormick, a Longmont Democrat. “What is he thinking?”
Three Democrats in the legislature declined to comment when asked if Polis should reduce Peters’ sentence, while three either were absent from the Capitol on Wednesday or did not immediately respond to messages seeking comment. All others said Polis should not reduce Peters’ sentence.
Peters, 70, was convicted in 2024 of orchestrating a security breach of her county’s election system in 2021 in a failed attempt to find evidence of electronic vote manipulation. Her actions were rooted in conspiracies about the 2020 election.
A Mesa County jury found Peters guilty of three counts of attempting to influence a public servant; conspiracy to commit criminal impersonation; official misconduct; violation of duty; and failure to comply with an order of the secretary of state.
She was sentenced in October 2024 and is being held at the La Vista Correctional Facility in Pueblo. She is eligible for parole in November 2028, and it is uncommon for people convicted of nonviolent offenses to serve their full terms.
Polis has been saying for months that he thinks Peters’ sentence was too harsh and indicating that he was leaning toward reducing her prison term. But on Tuesday, he went a step further, contrasting Peters’ sentence to the probation sentence received last week by former Democratic state Sen. Sonya Jaquez Lewis.
Jaquez Lewis was sentenced to probation and community service, at the request of Denver prosecutors, after being convicted of one count of attempting to influence a public servant and three counts of forgery. The case stemmed from the Boulder County Democrat’s fabrication of letters of support that she sent to the Senate Ethics Committee, which was investigating Jaquez Lewis’ treatment of her Capitol aides.
“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 wrote on X. “Justice in Colorado and America needs to be applied evenly, you never know when you might need to depend on the rule of law.”
He added: “This is the context I am using as I consider cases like this that have sentencing disparities.”
Legislative Democrats push back
Democrats in the legislature Wednesday said the comparison between Peters’ crimes and Jaquez Lewis’ crimes was wrong.
“I don’t see the connection,” said state Sen. Tom Sullivan, a Centennial Democrat who thinks the governor should not reduce Peters’ sentence.
State Rep. Meg Froelich, an Englewood Democrat, called the comparison “ridiculous.” State Rep. Steven Woodrow, a Denver Democrat, called it “strikingly disingenuous.”
“Not only are the two situations nothing alike, the governor has been mulling this decision for some time,” he said.
State Rep. Chad Clifford, a Centennial Democrat, went so far as to say it was wrong for Jaquez Lewis not to be sentenced to jail or prison time.
In a written statement, a spokesperson for Polis defended the governor’s social media post.
“The governor has expressed skepticism around this inmate’s sentence and was noting the difference in sentencing for two people, both public officials, with the same charge,” said Shelby Wieman, the spokesperson. “Gov. Polis is not considering a pardon for Tina Peters, and is reviewing her application like anyone else applying for clemency.”
If Polis reduces Peters’ sentence, state Rep. Emily Sirota, a Denver Democrat, said there would likely be a response from the legislature.
“The things she did require a response to demonstrate that interfering with our elections while she was clerk will not be tolerated,” Sirota said.
The legislature cannot overrule the governor’s clemency powers, but it could pursue a resolution expressing formal disapproval. Democrats hold overwhelmingly majorities in the state House and Senate.
Other Democrats in the General Assembly expressed anger at the governor for even considering reducing Peters’ sentence.
“Clemency is for accountability and rehabilitation — not entitlement,” said state Sen. Julie Gonzales, a Denver Democrat. “Peters refuses to take accountability (and) continues to push election-denial conspiracy theories. She is not a clemency case, and this shouldn’t be a hard call.”
State Rep. Bob Marshall, D-Highlands Ranch, said he was opposed to Polis reducing Peters’ sentence “from what I know right now.”
“She is elderly,” he said. “If she has severe medical issues, and they would do a humanitarian commutation, that would be appropriate. As far as everything I know right now, she doesn’t have a major issue, so he should treat her like any other prisoner in making a determination of whether she should be released or not.”
The Democratic state lawmakers who declined to comment on whether Polis should reduce Peters’ sentence were state Reps. Jacque Phillips of Thornton, Michael Carter of Aurora and Lisa Feret of Arvada.
“I’m staying out of that,” Phillips said.
The Capitol Democrats who didn’t immediately respond to Colorado Sun messages Wednesday were state Rep. Tisha Mauro of Pueblo, as well as state Sens. Judy Amabile of Boulder and Kyle Mullica of Thornton.
Trump’s threats
President Donald Trump has urged Polis to pardon Peters. He has threatened Colorado with the loss of federal funding if the state does not release her and lobbed personal insults at the governor in the process.
Trump issued a symbolic pardon of Peters last year. But because Peters was convicted of state crimes in a state court and sentenced by a state judge, the pardon had no effect.
The Colorado Court of Appeals is actively reviewing Peters’ sentence. During a January hearing, a three-judge panel expressed skepticism about how it was determined, namely with how Mesa County District Court Judge Matthew Barrett cited Peters’ spread of election conspiracies in announcing his decision.
The appeals court is expected to issue a ruling in the coming weeks. It appears Polis may be waiting for the appellate panel to weigh in before deciding how to act.
Colorado Attorney General Phil Weiser said Wednesday that reducing Peters’ sentence would be a “grave miscarriage of justice.”
“Clemency should be based on remorse, rehabilitation, and extenuating circumstances — not on political influence, favor, or retribution,” Weiser said in a statement. Weiser is running for governor.
Mesa County District Attorney Dan Rubinstein, a Republican who led the prosecution of Peters, said in a statement that”no two crimes and no two defendants are the same.”
“While the governor has the legal authority to modify that sentence, doing so here would be a gross injustice to the affected citizens I represent,” he said.
Colorado Secretary of State Jena Griswold, a Democrat whose office was directly affected by Peters’ actions, echoed that sentiment.
“It is not accurate to suggest that Peters’ and Sonya Jaquez Lewis’ actions or impacts are the same,” Griswold said. “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.”
Polis’ term ends in early 2027.