Former Colorado Rep. Tracey Bernett has pleaded guilty to falsifying her address.
On Friday, Bernett admitted that she was ineligible to serve as a representative for House District 12 for the November election because she was not a resident of the district at that time.
Bernett, a Democrat, was legally elected into House District 12 for her first term in the 2020 election. Following redistricting, her Longmont address became part of House District 19, which leans Republican.
Bernett filed sworn documents with the Secretary of State in 2021 declaring her primary residence to be in Louisville. After a complaint filed by the chairwoman of the Boulder County Republicans, the Boulder County District Attorney’s Office investigated and charged Bernett with falsifying her primary residence.
Because ballots were already printed, Bernett could not be removed from the ballot and went on to win the district with more than three-fourths of the vote. She stepped down from her seat the day before the Colorado legislative session began.
After changing her voter registration to reflect the false address Bernett also voted in a primary election in a district in which she did not reside, the district attorney’s office noted.
On Friday, Bernett pleaded guilty on two of the five counts originally filed against her — attempt to influence a public servant, a felony, and perjury, a misdemeanor. On the first count, Bernett was sentenced to a two-year deferred judgment and sentence which includes a condition of 150 hours of public service work.
The court deferred the entry of a felony conviction pending Bernett’s completion of the deferred judgment.
On the other count, Bernett was sentenced to probation with the same public service hours to run concurrent with the first sentence. The misdemeanor will remain on her record.
As part of the pleas, Bernett acknowledged the relinquishment of her legislative seat was a key factor in the resolution of the case and admitted that she was ineligible to serve in her seat.
“These criminal acts, including the filing of false sworn documents, violated the public trust and the integrity of our election process,” District Attorney Michael Dougherty said in a statement. “... It is wholly unacceptable when public servants violate the law and the public’s trust in connection with their duties.”
A Boulder County Democratic Party vacancy committee selected Kyle Brown to replace Bernett on Jan. 28.
