A Colorado appeals court on Thursday ordered the resentencing of former Mesa County Clerk Tina Peters, ruling that the judge in her case improperly weighed her constitutionally protected speech when imposing a nine-year prison term.

Peters was convicted on multiple state charges stemming from a 2021 incident in which she allowed an outside computer expert to access and copy election system data during a scheduled software update. Prosecutors said sensitive information, including voting system passwords, was later shared publicly.

While the Colorado Court of Appeals upheld her conviction, the panel found that the sentencing judge erred by factoring in Peters’ continued public statements about alleged fraud in the 2020 presidential election. In a 74-page opinion, Judge Ted Tow wrote that the lower court “obviously erred” by basing part of the sentence on speech protected under the First Amendment. The case was remanded to a lower court for a new sentencing hearing.

Peters’ attorney, John Case, said the ruling reinforces free speech protections and indicated he would seek a reduced sentence reflecting the roughly 540 days she has already served. Colorado Attorney General Phil Weiser defended the original punishment as “fair and appropriate,” emphasizing that the conviction itself remains unchanged.

The case has drawn national attention, with calls for Peters’ release gaining traction among election integrity advocates. President Donald Trump previously attempted to pardon Peters and has urged Colorado officials to release her, though the appeals court noted that presidential pardon powers do not apply to state convictions.

Peters, a former elected official in a Republican-leaning region of western Colorado, has maintained that her actions were intended to preserve election data and investigate potential vulnerabilities. At sentencing, the presiding judge sharply criticized her conduct, describing her actions as a misuse of public office.

State officials, including Gov. Jared Polis, have acknowledged the severity of the sentence, with Polis previously calling it “unusual and harsh” for a first-time, non-violent offender. Peters remains convicted on charges including attempting to influence a public servant, official misconduct, and related offenses.

The outcome of the resentencing could determine whether Peters’ prison term is significantly reduced as the case continues to draw political and legal scrutiny.