As Colorado鈥檚 top election official and the Boulder County clerk and recorder, we write to express dismay at Gov. Jared Polis鈥� grant of clemency to Tina Peters and the subsequent Denver Post Editorial Board鈥檚 defense of his actions. Polis’ decision to commute the sentence is a profound mistake that undermines the rule of law and our elections and sends a dangerous message.
Both the governor and the Editorial Board cited concerns around Peters鈥� protected speech being considered in sentencing. The Court of Appeals recently affirmed her convictions of four felonies and three misdemeanors, and indeed noted concern that her free speech rights were improperly considered in the initial sentencing. On that basis, the panel of judges directed that Peters be re-sentenced in District Court.
The judicial system is specifically designed to address the constitutional rights of defendants, including their First Amendment rights. And the system was working as designed here: Peters appealed and was in the process of obtaining relief. Rather than let that process unfold, Polis took matters into his own hands, even going against the recommendation of his own clemency advisory board, . He should have respected the judicial process already underway.
Peters was incarcerated because of her numerous crimes, which caused incalculable harm to our democracy. Peters deliberately compromised her own voting equipment in 2021 to try to validate Trump鈥檚 big lie about the 2020 election. From her seat of authority, she breached the systems voters entrusted to her and undermined the fundamental pillars of our democracy.
Polis鈥� decision comes at a precarious moment. Across the country, election officials have faced escalating threats, harassment, and intimidation, much of it driven by persistent falsehoods about elections.
Clemency for Peters emboldens the election denialism movement and will intensify the threat environment that election officials face in conducting our work. And it confirms Trump鈥檚 sinister instincts that if he pushes hard enough, even blue states may bend to his will. Further, it sends the message to those who would attack our elections that they may escape accountability, be it on the federal or state level.
Accountability matters. It is how we ensure that no one is above the law. This grant of clemency erodes faith in that very premise.
Still, despite Peters, Colorado remains a national leader in secure and accessible voting. Election officials across Colorado continue to do their jobs with professionalism and integrity, ensuring that every eligible voter can participate and every valid ballot is counted. They will keep doing so in 2026 and beyond.
This grant of clemency sends a dangerous message. And it risks leaving a lasting mark, not just on Colorado but on the broader effort to defend free and fair elections. It is more important now than ever that we strongly and ardently protect the nation鈥檚 democratic institutions.
Jena Griswold serves as Colorado鈥檚 39th secretary of state. Molly Fitzpatrick serves as Boulder County clerk and recorder and is the former president of the Colorado County Clerks Association.
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