Colorado doesn’t plan to transfer imprisoned former county clerk to federal custody

DENVER (AP) — Colorado doesn’t plan to transfer from state prison to federal custody a former county clerk who has become a hero to election conspiracy theorists following a request from the Trump administration, state officials said Wednesday.

The Colorado Department of Corrections said it is not seeking a transfer of Tina Peters, who was convicted last year of orchestrating a scheme in Mesa County to breach voting machine data driven by false claims of fraud in the 2020 election.

“Transferring an individual is an action initiated by the Colorado Department of Corrections, not an outside entity,” department spokesperson Alondra Gonzalez-Garcia said in an email.

The Federal Bureau of Prisons declined to comment.

Peters, 70, is serving a nine-year sentence at a state prison in Pueblo.

The Bureau of Prisons requested on Nov. 12 that the state corrections department transfer her to federal custody to serve her sentence. The reason isn’t known.

A copy of the request released by the state corrections department was heavily redacted. The department said releasing that information was “contrary to the public interest.”

Peters’ release has become a cause celebre in the election conspiracy movement. On Sunday, President Donald Trump renewed his call for her to be set free. One of Peters’ lawyers, Peter Ticktin, suggested on Trump ally Steve Bannon’s podcast this week that the military be used to free Peters from prison.

Another attorney representing Peters, John Case, said Wednesday that Colorado officials want to keep her in state prison “where she cannot testify or speak publicly” about computer voting software.

County clerks in Colorado of various political affiliations blame Peters for making their jobs more dangerous by fueling distrust in the voting system. They have been urging Gov. Jared Polis, a Democrat, to definitively reject the federal transfer request.

In a statement Tuesday, a Polis spokesperson praised the integrity of the state’s election system and said the governor welcomes a chance to meet with the clerks about the federal transfer request but did not directly address it.

“Governor Polis takes his responsibilities seriously and has been clear that he will take threats from the federal government head-on – especially when they undermine our democracy – which is why we have vigorously defended Colorado’s values during this turbulent time,” Polis spokesperson Shelby Wieman said.

Matt Crane, executive director of the Colorado County Clerks Association, said the state corrections department is ultimately under Polis’ control and will do what he directs it to.

“The open-ended statement from the Department of Corrections does not alleviate our concerns,” he said.