Boulder District Attorney's Office files felony charges against state Rep. Tracey Bernett
A state lawmaker faces felony charges after prosecutors say she lied about where she lives.
The Boulder District Attorney charged Democratic State Representative Tracey Bernett with attempt to influence a public servant, forgery, and residence-false information as well as the misdemeanor crimes of perjury and procuring false registration.
Colorado's constitution requires state lawmakers to live within their district boundaries at least a year before Election Day. After the lines were redrawn last year as part of the redistricting process, several lawmakers found themselves outside their districts forcing them to move, not run for re-election, or run in a new district.
According to an affidavit by the DA's office, Bernett rented an apartment in Louisville to make it appear she still lived in District 12, which is her old district. Investigators say phone records, utility bills, tax filings, witnesses, social media posts, and a search of the apartment all confirm she didn't live there, but rather a home in Longmont, which is in District 19. They say Bernett knowingly provided false information to the Secretary of State's Office and Boulder County Clerk's Office and appears to have illegally voted in District 12 in the primary too.
Bernett's case is the fourth this year involving lawmakers allegedly misrepresenting where they live. Two other cases were dismissed. The fourth case involves a complaint against Republican State Senator Dennis Hisey. It was filed with the El Paso County District Attorney a month before the Bernett complaint and is still pending.
Curtis Hubbard with Colorado Ethics Institute, which made the complaint against Hisey, says, "At least two sworn affidavits have been provided for the Hisey investigation since then and I would hope the Colorado Springs D-A is acting with the similar urgency to his counterpart in Boulder."
Bernett's name remains on the ballot because the complaint was filed too late to challenge her residency. If she resigns, a vacancy committee will name a replacement. If she doesn't, it's unclear what happens to her seat since the case appears to be unprecedented.
Speaker of the House Alec Garnett told CBS News Colorado he's trying to determine the process, "These are very serious allegations and should not be taken lightly. I trust the legal process to follow the facts and I know Rep. Bernett will have an opportunity to be heard in that process."