It seems uncertain that the Boulder County District Attorney’s Office will make a decision about a complaint related to the residency of a candidate running for office in time for Election Day.
A little over a month ago, Boulder County Republicans Chair Therea Watson submitted a complaint to the district attorney asking the office to investigate whether State House Representative Tracey Bernett qualified as a legal resident in House District 12 to run as a candidate for re-election.
Bernett, a Democrat, is currently running for her second term as representative of the district, which changed boundaries for this election due to the 2020 redistricting cycle.
Through Oct. 15, 2021, Bernett’s candidate filings with the Colorado Secretary of State listed her address at a home in Longmont within the former District 12 boundaries. With redistricting, that address no longer sits within District 12.
That address instead lies within House District 19 for the upcoming election, which leans Republican by 1.5% based on data compiled by the Colorado Independent Redistricting Commission and is held by incumbent Rep. Dan Woog, a Republican.
On Nov. 3, 2021, Bernett submitted a candidate affidavit to the Colorado Secretary of State certifying herself as a candidate for House District 12 with a physical address based in Louisville. By Colorado law, candidates for state representative must have resided within their districts for at least 12 months preceding the election, which is Nov. 8 this year.
Bernett has not responded to multiple requests for comment on this allegation. She is running against Republican Anya Kirvan.
Watson cites in her complaint a number of public records and social media posts as evidence that Bernett continues to reside in Longmont and not at the Louisville address used in her candidacy affidavit.
A spokesperson for the Boulder County District Attorney’s Office said in an email on Oct. 10 that the issues raised in the email were still under review.
“The District Attorney’s Office takes any allegations of public corruption or misconduct by public officials very seriously,” the spokesperson said. “As a result, we will conduct an extremely thorough and diligent review of all the materials available to this office. That process is still underway.”
The statement added that charges may be filed only if there is a reasonable likelihood of conviction.
Asked on Monday for when the investigation may be completed and if any more information would be available before Election Day, the spokesperson repeated the same statement and did not speak to the timeline.
Other cases
According to an article by Colorado Politics, at least seven Colorado lawmakers currently maintain properties outside of their districts including Bernett. That article states that other politicians include state Sens. Bob Rankin, R-Carbondale, and Dennis Hisey, R-Colorado Springs, and Reps. Kyle Mullica, D-Northglenn, Matt Soper, R-Delta and Don Valdez, D-La Jara.
While complaints have been filed against some, none of the representatives listed above have faced consequences for possibly residing outside their districts. In fact, according to Colorado Politics, no Colorado lawmaker in at least the last 25 years have been convicted of using one address for residency within a district while living in another.
A complaint filed against Soper was dismissed by the secretary of state, and an investigation by the District Attorney concluded in 2020 after finding that residency is determined by intent rather than physical presence.
The complaint against Mullica was dismissed last month following his testimony that he always intended to live at a residence within his district boundaries. Hisey’s complaint, which was filed in August, is still under review, according to the most recent reporting.
Sen. Pete Lee, a Democrat, was indicted by a grand jury on Aug. 3 for voting outside the district he lives in, but a judge dismissed the case on Friday because of incorrect information provided to prosecutors. Lee is not running for reelection this year.
