Democratic Rep. Tracey Bernett, who faces felony and misdemeanor charges alleging she falsified her residency for purposes of running for office, has resigned on the eve of Colorado’s 2023 legislative session.

“Ms. Bernett has chosen to relinquish her position while addressing these charges rather than compromising the policy initiatives she deems important to those living in House District 12 and the citizens of Colorado,” the Stimson LaBranche Hubbard law firm said in a statement Sunday evening announcing Bernett’s resignation.

The resignation is effective Monday, the day Colorado’s General Assembly convenes for the 2023 legislative session.

Speaker of the House-designee Julie McCluskie said in a statement: “I respect Rep. Bernett’s decision to step down. I appreciate her hard work for the people of Colorado the last two years, and I wish her well in her future endeavors. I look forward to working with the next representative from House District 12 to make Colorado more affordable, improve public safety, invest in our schools and move Colorado forward.”

Bernett was originally elected to represent House District 12 in 2020. But when new maps were drawn for the General Assembly by the independent redistricting commission, Bernett’s home in Longmont was drawn into House District 19, represented by Republican Rep. Dan Woog of Erie.

Bernett’s solution: 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.

An announcement of the charges from Boulder County District Attorney Michael Dougherty’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. Dougherty’s investigation – which included the use of witness interviews, search warrants, and cell phone location data – 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.”

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 Stimson LaBranche Hubbard statement indicated Bernett “intends to continue to engage in work addressing climate concerns and to ensure Colorado maintains its leadership in promoting sound climate policy.”

The statement continued: “Of her time as a legislator, Ms. Bernett wanted to thank those who she worked with and stated, ‘I am proud of what I have accomplished in my time in office and want to thank all the people who have supported and worked with me in moving Colorado forward.'”

A Democratic House District 12 vacancy committee will be convened to select Bernett’s replacement.

Colorado Politics reporter Marianne Goodland contributed to this report.

Editor’s note: This story has been updated with a statement from Speaker of the House-designee Julie McCluskie.