Full Breakdown
Former Colorado Clerk Tina Peters Pursues U.S. Supreme Court Review of Election-Equipment Convictions
By Drooid · · How we work
Overview of the Legal Challenge
Former Mesa County Clerk Tina Peters was convicted in August 2024 on seven criminal counts for allegedly allowing an unauthorized individual to access county voting equipment during a software update. Although Governor Jared Polis commuted her prison sentence, the convictions remain. After the Colorado Supreme Court declined to hear her appeal, her attorney Peter Ticktin announced that the team is preparing a petition for the U.S. Supreme Court, with a filing deadline in December.
Background of the 2021 Breach
Prosecutors contend that Peters helped an outsider gain entry to the county’s election system, violating state statutes that govern access to voting machines. The Colorado Court of Appeals later ruled that her original sentencing was tainted by protected speech, ordering further sentencing proceedings, but it left the convictions intact.
Official Positions
Peter Ticktin argues that Peters was acting to preserve election records under federal retention laws, asserting that federal obligations can supersede state restrictions. He also claims the trial was unfair and that the jury’s verdict was erroneous.
Matt Crane, executive director of the Colorado County Clerks Association, maintains that the jury correctly found Peters broke the law, emphasizing that established backup procedures already existed and that “election integrity does not require you to break the law.” Crane questions the likelihood of the U.S. Supreme Court overturning the conviction and criticizes Governor Polis for intervening before the appellate process concluded.
Verbatim Quotes
- “She’s an innocent woman who was doing her duty to America, and she was punished severely for that,” — Peter Ticktin
- “If you have to do something to make sure that you abide by a federal statute, even if it violates a state statute, you’re allowed to do that,” — Peter Ticktin
- “What the jury got right is that she broke the law. She didn’t need to do what she did,” — Matt Crane, executive director of the Colorado County Clerks Association
- “Election integrity does not require you to break the law,” — Matt Crane, executive director of the Colorado County Clerks Association
- “It’s tough for me to envision a world in which the Supreme Court would overturn her conviction,” — Matt Crane, executive director of the Colorado County Clerks Association
- “I think Governor Polis got in the way of justice working,” — Matt Crane, executive director of the Colorado County Clerks Association
Potential Implications
The pending petition arrives as the 2024 midterm elections approach, reviving debate over election security, the balance between federal and state election statutes, and the message sent to election officials who follow established protocols. If the Supreme Court agrees to hear the case, it could set a precedent affecting how clerks nationwide manage election-record preservation during system updates.