Boulder County District Attorney Michael Dougherty announced Friday his office has filed charges against Democratic state Rep. Tracey Bernett of Longmont, alleging she falsified her residency for purposes of running for House District 12.

Bernett – running for her second term in next week’s election – is charged with three felonies and two misdemeanors. She surrendered and posted a personal recognizance bond of $10,000. Her first court appearance is set for Nov. 17.

Bernett was originally elected to represent House District 12 in 2020. However, when new maps were drawn for the General Assembly by the independent redistricting commission, Bernett’s home, on Crestview Lane in Longmont, was drawn into House District 19. That district is represented by Republican Rep. Dan Woog of Erie, who’s running for his second term.

The solution for Bernett: rent an apartment in Louisville, in House District 12. 

An anonymous tip to Colorado Politics claimed Bernett still listed the Longmont house for voter registration purposes as late as Nov. 22, 2021. However, she filed paperwork for run for HD12, using the rental unit, on Nov. 3, 2021, in order to meet the 12-month requirement for residency as set forth in state law.

The announcement from the district attorney’s office said Bernett filed sworn statements with the Colorado Secretary of State’s office in 2021 and 2022, listing the Louisville apartment as her primary residency.

A formal complaint was filed on Sept. 19, alleging Bernett falsely claimed she resided in Louisville. The DA’s investigation, which included the use of witness interviews, search warrants, and cell phone location data, said an initial investigation, concluded this week, resulted in investigators presenting an arrest affidavit and warrant to the Court. 

“As a result of the investigation, it is alleged that Ms. Bernett falsely represented her primary residence over a nine-month period,” the statement from Dougherty, a Democrat, said. “It is alleged that, although she rented an apartment in Louisville in order to qualify for elected office, she did not actually live there. And, in so doing, she filed false, sworn documents with the Secretary of State’s Office. It is, also, alleged that by misrepresenting her residence, she voted in a primary election in a district in which she does not actually live.”

Dougherty added that he appreciates 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 arrest affidavit for Bernett, filed on Nov. 3, shows photos from her Louisville apartment of a nearly-empty refrigerator and a closet with few items in it. It states that by the time the complaint was received and an initial assessment completed, Bernett’s name was already on the general election ballot and could not be removed.

The complaint was lodged by Theresa Watson, who chairs the Boulder County Republican Party.

The arrest affidavit notes that while Bernett changed her voter and car registraton to the Louisville apartment address, her current driver’s license still lists the Longmont address. Bernett confirmed the Longmont address was correct with a city of Boulder police officer in July after receiving a traffic summons. In addition, Facebook and other social media posts show Bernett at the Longmont home, including during a video town hall in January following the Marshall fire. 

Bernett was served with five separate warrants during the investigation, the affidavit stated.

Evidence obtained following a Sept. 28 search warrant for the apartment showed “there were no food items in the refrigerator other than a bottle of sparkling cider, soy sauce and a Smucker’s spread in the door. There was only a stick of butter in the freezer and no ice. Cobwebs were attached to the cabinets. Additionally, there was no computer, monitor, printer, or TV. The apartment was spartanly furnished with no personal or family photographs and no indication of a pet ( contrary to social media posts about her cat).”

Investigators also noted in the affidavit that there was no charging mechanism for Bernett’s Tesla at the Louisville apartment.

Witnesses who lived at the Louisville apartment complex and interviewed by investigators said they rarely, if ever, saw Bernett at the Louisville apartment.

Arrest affidavit for state Rep. Tracey Bernett, D-Longmont.