Tracey Bernett pleads guilty to election-related charges

Tracey Bernett, who was re-elected by voters in the November 2022 election to serve as state representative for House District 12, pled guilty to two criminal charges on Feb. 10 in connection with false statements made regarding her residence.

Bernett, whose district included most of the Niwot area as well as Louisville, Lafayette and Superior, resigned from the legislature the day before the 2023 session opened, and according to a press release from the office of Boulder District Attorney Michael Dougherty, her resignation was a key part of the plea agreement she made to resolve the charges filed against her. Louisville resident Kyle Brown was selected by the Democratic Party caucus to take her seat.

The D.A.’s press release noted that as a result of an investigation, Bernett was criminally charged for falsely representing her primary residence over a one-year period. “The investigation revealed that Ms. Bernett rented an apartment in Louisville to qualify for re-election in House District 12, but the rented apartment was not Ms. Bernett’s residence. Ms. Bernett did not reside at the rented apartment during the twelve months preceding the November 2022 general election.”

Bernett apparently continued to reside at her home on Crestview Lane in the Wildview subdivision, just east of 95th Street in Longmont.

The press release also stated, “The investigation revealed that Ms. Bernett falsely registered her motor vehicle at the Louisville apartment and changed her voter registration record to reflect residence at the Louisville apartment shortly after the completion of the re-districting process.”

The D.A.'s investigation began when a complaint was filed by Theresa Watson, who was then chairwoman of the Boulder County Republican Party, in September. Bernett was arrested shortly before the November election, but many ballots had already been cast by mail, and she easily won re-election.

The press release also noted that Bernett filed false sworn documents with the Secretary of State’s Office when she was serving as a state representative. “After changing her voter registration record to reflect the false address, Ms. Bernett also voted in a primary election

in a district in which she did not reside,” the D.A.’s office noted.

The charges filed were Attempt to Influence a Public Servant, a Class 4 Felony, Forgery, a Class 5 Felony, Residence--false information, a Class 5 Felony, Perjury, a Class 1

Misdemeanor, and Procuring False Registration, an unclassified Misdemeanor.

Dougherty’s office said, “Today, at her arraignment, Ms. Bernett took accountability for her criminal acts by entering guilty pleas to original Counts 1 (Attempt to Influence a Public Servant) and 4 (Perjury).

On the felony charge, Bernett was sentenced to a two-year deferred judgment and sentence which includes a condition of 150 hours of useful public service work. The Court deferred entry of a felony conviction on this count pending Ms. Bernett’s successful completion of the deferred judgment and sentence. If she successfully completes the public service and no other criminal charges are filed within the two-year deferred sentence, she will be able to withdraw her plea and the charge will be dismissed.

On the misdemeanor charge, Bernett was sentenced to a concurrent two-year term of probation, with the same 150 hours of public service as a condition. The misdemeanor conviction will remain on her record even after completing the probationary period

Dougherty’s office said, “As part of these guilty pleas, Ms. Bernett also acknowledged that the relinquishment of her legislative seat was a key factor in the resolution of the case. Additionally, as part of today’s plea, she admitted that she was ineligible to serve as Representative for House District 12 in the term after the November 2022 general election because she was not a resident of that District at that time. As a result of Ms. Bernett’s actions, she lost her seat in the Legislature, has a criminal record, and will need to perform community service as a condition of probation.”

After the plea was accepted by the Court, Dougherty said, “These criminal acts, including the filing of false sworn documents, violated the public trust and the integrity of our election process. I want to acknowledge and thank the District Attorney Investigators and Chief Deputy District Attorney Adrian Van Nice for their hard work in developing the evidence and making this outcome possible. It is wholly unacceptable when public servants violate the law and the public’s trust in connection with their duties.”