Thursday, December 2, 2021

Colorado Supreme Court Will Not Consider Tina Peters’ Appeal to Observe Election in Mesa County

The Colorado Supreme Court declined to consider an appeal by Mesa County Clerk and Registrar Tina Peters to reinstate her to observe the November 2 county elections.

Peters, a Republican, filed an appeal against a district court ruling barring her and Deputy Secretary Belinda Knisley from observing the election and subsequent post-election processes in response to a lawsuit filed by Colorado Secretary of State Jena Griswold, a Democrat, in August. The judge’s ruling states that the trial “meets the burden of proving that Peters and Knisley committed a violation and neglect of their duty, as well as other wrongful acts.”

The clerk’s attorney, Scott Gessler, a former Republican secretary of state, said Monday in his trial transcript that the Mesa County District Court has no authority to remove or replace Peters or Kniesley.

“If allowed to remain in effect, the District Court’s ruling will fundamentally change how elections are held and how Colorado’s electoral law is applied,” he wrote in an appeal. “Colorado law explicitly requires the county clerk and registrar to fulfill the duties of the county (designated election official), and the court cannot overturn this statutory mandate.”

But on Wednesday, the Colorado Supreme Court declined to hear the case, first reported by The Colorado Sun.

“By the decision of the Supreme Court, Secretary Peters continues to be prohibited from any participation in this election,” Griswold said in a statement. “As Secretary of State, I will always work to ensure that elections are accessible and safe for all eligible Colorado residents.”

Peters and her team did not immediately respond to a request for comment on Thursday.

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