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Arraignment set in case against Rep. Bernett

House representative accused of falsifying her address to run in 2022 election
Tracey Bernett (Photo courtesy of Tracey Bernett campaign)

Rep. Tracy Bernett appeared virtually for a status conference on the case against her for allegedly falsifying her address to run for her district this election.

The case was bound over to district court for an arraignment on Feb. 7, with not much else discussed on Thursday.

A Democrat finishing up her first term representing Colorado House District 12, Bernett was charged in early November with attempting to influence a public servant, forgery and residence-false information, all felonies, along with misdemeanor perjury and procuring false registration. Despite the charges, Bernett won reelection for her district with more than three-quarters of the vote.

Bernett has not responded to multiple requests for comment from the Longmont Leader and did not speak in court Thursday. Her attorney, David Kaplan, asked for some time before the arraignment to work on the case.

“There are some other issues we want to flesh out, and (Chief Trial Deputy District Attorney) Ms. Adrian Van Nice and I will see if we can’t resolve the case,” he said.

House District 12 previously included Longmont and Bernett’s primary residence for the 2020 election. Following redistricting, her Longmont address became part of House District 19 and Bernett filed sworn documents with the secretary of state declaring her primary residence to be in Louisville and within House District 12.

The arrest affidavit for Bernett outlined various evidence pointing to her previous home address being her continued residence. The district attorney’s office said that the investigation found that Bernett did not live in Louisville and so filed false sworn documents with the Secretary of State.

As the investigation began after ballots had already been printed, the allegations or charges could not change the outcome of the election. Potentially removing Bernett from office in the future would be a matter for the Colorado General Assembly and the Office of Legislative Legal Services.