Tracey Bernett's arrest

On Nov. 9, it was reported that Democrat Tracey Bernett won in a landslide to continue to serve as the state representative of House District 12, which includes Niwot, Louisville, Lafayette and Superior. Bernett won 78.7% of the votes and her opponent, Republican Anya Kirvan, won 21.3% of the votes. It was a stunning victory for Bernett, but her victory was overshadowed by the filing of criminal charges against her related to whether or not she resided in the legislative district she was elected to represent.

The Boulder District Attorney’s Office has filed charges against Bernett alleging that Bernett lied about her primary residence to run for re-election this year. This happened after a resident filed a complaint about Bernett’s false residency on Sept. 19. Bernett is charged with attempting to influence a public servant, forgery, providing false information about a residence, perjury and procuring false registration.

According to an affidavit, prosecutors determined that although Bernett rented an apartment in Louisville in order to qualify for elected office, she did not actually live there. Investigators reported to have found “cobwebs” in the apartment and very little food.

Bernett rented the apartment in Louisville because after the remapping of house districts due to changes in population, Bernett’s home address was no longer within the boundaries of House District 12, but had been assigned to House District 19.

According to the office of District Attorney Micheal T. Dougherty, also a Democrat, Bernett is being charged with violating the following Colorado statutes: CRS 18-8-306: Attempt to Influence a Public Servant (Class 4 Felony), CRS 18-5-102 Forgery (Class 5 Felony), CRS 1-13-709.5: Residence--false information (Class 5 Felony), CRS 1-13-104: Perjury (Class 2 Misdemeanor), and CRS 1- 13-203: Procuring False Registration (Class 2 Misdemeanor).

Bernett turned herself in and was released on a $10,000 personal recognizance bond. She was not booked into custody, and no booking photo was taken. She is set for a court appearance on Nov. 17.

Dougherty stated, “The District Attorney’s Office has concluded a thorough investigation. I appreciate the efforts of the investigators assigned to this case, including using proper investigative tools such as the judicially authorized search warrants. Based on the facts and the law, we will now move forward with a criminal prosecution. As in every case, our goal is to seek the right outcome – without fear or favor.”

The Colorado General Assembly has authority to remove members for misconduct, and if she is convicted of a felony, Bernett could be barred from serving in the legislature.