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Rep. Bernett in lead for District 12 despite felony charges

Likely winner is set to appear in court for allegedly falsifying her address to run in election
Tracey Bernett (Photo courtesy of Tracey Bernett campaign)

Rep. Tracey Bernett looks likely to win reelection for House District 12, but is appearing in court next week to face charges alleging that she lied about her address to run in this election.

Bernett, a Democrat, is winning against Republican Anya Kirvan with 78.8% of the vote in the second round of election results. Bernett is currently serving her first team as representative of House District 12, covering Lake Valley, Niwot, Superior, Louisville, Lafayette and Gunbarrel.

Bernett has not responded to multiple requests for comment from the Longmont Leader, including on Election night.

The election results are unofficial but give Bernett a wide enough margin to call.

While Bernett’s longtime home address in Longmont sat in District 12 for the 2020 election, redistricting boundaries excluded that address and Bernett filed paperwork with the Secretary of State last year attesting that she had a new address in Louisville.

In September, Louisville resident and Boulder County Republicans Chairwoman Theresa Watson submitted a complaint to the Boulder County District Attorney accusing Bernett of falsely claiming residency in Louisville, providing evidence found in public records and on social media posts.

The district attorney’s office notified the Boulder County Clerk and Recorder’s Office, but ballots had already been printed and Bernett’s name would appear regardless of the outcome of the investigation. The charges are only allegations at this time and, as the ballot was already certified, will not affect the results of the current election.
Bernett has been charged with attempting to influence a public servant, forgery and residence-false information, all felonies, along with misdemeanor perjury and procuring false registration. Bernett turned herself into the Boulder County Jail on Nov. 3 and was released on a personal recognizance bond of $10,000, with an order to appear in court on Nov. 17.

Removing Bernett from office would be a matter for the General Assembly and the Office of Legislative Legal Services, according to the Colorado Secretary of State’s office. If she was removed or resigned, the seat would be filled by a vacancy committee.

This article was updated at 9:30 p.m. with the most recent election results.