A failed Ohio secretary of state candidate backed Tina Peters’ release from prison in a proposed amicus brief filed in federal court in Colorado over the weekend.

In the filing, lawyers for Terpsehore Maras argue that a denial of bail for Peters violates the former Mesa County clerk and recorder’s First Amendment rights and would be an uneven application of Colorado’s bail standards.

“Denying bail to a non-violent defendant with a pending appeal — where state law permits release — serves no legitimate purpose and operates solely as punishment. That result is compounded here by the state’s indifference to Ms. Peters’ health, turning confinement into cruelty,” the filing says.

Earlier this year, Peters, 70, submitted a petition to get a federal court to free her on bond while she appeals her state-level conviction that stems from her scheme to allow an unauthorized person access to her county’s Dominion Voting Systems machines in 2021. She was sentenced to nine years in prison and is currently incarcerated at a medium-security facility in Pueblo.

Peters, a Republican, espoused debunked claims about election security and voter fraud after former President Joe Biden won the 2020 election.

During a hearing in July on Peters’ habeas corpus petition, Chief Magistrate Judge Scott Varholak said he could not find a precedent where a federal court granted habeas — or release — on an appeal bond.

Maras — who is also an election denier, podcaster and QAnon supporter — argued in her brief that the bond denial was a punishment for Peters’ statements about election systems rather than a decision to protect the community.

“Colorado law permits bail pending appeal when a defendant is not a flight risk or danger to society. While the decision to grant bail is discretionary, that discretion cannot be exercised in a way that infringes upon constitutional rights. Here, the trial judge’s own words reveal that bail was denied not to ensure appearance or protect the public, but to punish and silence Ms. Peters,” the brief says.

Maras claims the decision would violate Peters’ rights under the First, Eighth, Ninth and 14th Amendments.

“If allowed to stand, this ruling establishes a precedent that bail may be weaponized to silence dissent, chill public discourse, and punish citizens critical of government conduct. That is not the purpose of bail, nor the role of courts in a constitutional democracy,” the brief says.

The brief asserts that, in addition to Maras, there are 3,057 signatories to it whose names lawyers could make available to the court. Anyone can propose an amicus brief, though they are not automatically accepted.

The Colorado attorney general’s office has asked for the habeas corpus petition to be dismissed because federal court does not have jurisdiction in the state-level case. Meanwhile, President Donald Trump has called for Peters’ release multiple times.

On Sept. 17, Varholak gave parties in the petition case two weeks to address the merits of Peters’ habeas petition on First Amendment grounds.

In the wake of Republican Donald Trump’s reelection to the presidency, Colorado Gov. Jared Polis is helping to lead a new initiative that aims to protect state-level democratic institutions against federal overreach.

Polis, a Democrat with two more years in his term, is co-chairing Governors Safeguarding Democracy, alongside Illinois Gov. J.B. Pritzker, also a Democrat.

“We founded GSD because we know that simple hope alone won’t save our democracy. We need to work together, especially at the state level, to protect and strengthen it,” Polis said during a call with reporters on Tuesday.

The two governors did not offer details on who else is part of the initiative, though they emphasized it’s nonpartisan and said they have engaged in outreach to Republican governors across the country.

The action items are vague. Pritzker described the goal as one to “leverage our collective strength, experience and institutional knowledge to drive policies that protect the rule of law” among the states.

“We’ll design and implement affirmative strategies to protect the rule of law and deliver for people in the states. We’ll work to reinforce key state institutions to protect executive agencies, elections, state courts and other democratic bodies. Then we’ll develop playbooks to enable governors and their teams to anticipate and swiftly respond to emerging threats,” he said.

When fully implemented, the initiative will be a “peer opportunity for governors to learn from one another on best practices and policies,” Polis said.

GSD was born out of anxiety that a second Trump presidential term will erode democratic institutions and roll back federal protections in such areas as the environment, health care and civil rights. Some observers worry about possible threats to the integrity of the nation’s election system, independent judiciary and overall civil society. Trump himself pledged to be a “dictator” on the first day of his term to enact campaign promises, and former top staffers in the first Trump administration, such as John Kelly, have said he fits into the definition of fascist.

The new Trump administration is planning an unprecedented mass deportation of undocumented immigrants, an effort that would involve use of the National Guard. Pritzker said the challenge this poses to states is “exactly the kind of question this group would be considering.”

Polis agreed that such a policy would likely not be allowed under the federal code that governs the National Guard and that, as governors, they would not cooperate.

“In terms of safeguarding democracy, making sure that the U.S. military is not used for police actions domestically and is used to defend our freedoms abroad is very consistent with our Constitution, as well as the law,” Polis said.

GSD will be supported by Governors Action Alliance, a new nonpartisan organization, and funded by philanthropic donations. Neither Pritzker nor Polis disclosed donors.

Colorado Newsline is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Colorado Newsline maintains editorial independence. Contact Editor Quentin Young for questions: info@coloradonewsline.com. Follow Colorado Newsline on Facebook and X.