Attorneys for former Mesa County Clerk Tina Peters argued in a briefing filed Tuesday that Peters’ has been prosecuted in violation of her First Amendment right, and that a federal court is allowed to grant her request for bail pending appeal.

The filing asks for Peters to be released from custody. She is serving a nine-year sentence at the La Vista Correctional Facility in Pueblo.

Peters was convicted of three counts of attempting to influence a public servant, one count of conspiracy to commit criminal impersonation, one count of official misconduct and one count of failure to comply with the secretary of state, and sentenced to nine years of incarceration in October 2024 after she was accused of allowing an unauthorized person to enter a secure area of the Mesa County Elections Divisi

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