The District Attorney’s Office in and for the Seventh Judicial District has concluded its investigation of Representative Matthew Soper regarding allegations of unlawful voting in Delta, Colorado, and questions concerning Mr. Soper’s residence in the 54th district of the Colorado House of Representatives.
No criminal charges will be filed against Mr. Soper arising out of these allegations. The District Attorney’s Office has conducted an extensive and thorough review of all available evidence, facts and documents, and has considered the results of the Colorado Secretary of State’s dismissal of the contest filed against Mr. Soper contesting his election in House District 54.
Regarding the allegations that Mr. Soper committed an election law violation by voting in Delta, Colorado law sets forth the “Rules for Determining Residence” in Colorado Revised Statute section 1-2-202(1). Residency is determined in significant part by a voter’s intent, rather than physical presence at a specific location. In this case, the facts and documents do not support a finding that Mr. Soper committed a criminal act by voting in Delta using the 10 Hartig Drive address as his primary residence. Based on the available evidence as applied to the Rules for Determining Residence and Colorado law, the District Attorney finds that there is no reasonable probability of conviction for any election law violation by Mr. Soper.
As to Mr. Soper’s qualifications to run for the Office of State Representative in and for the 54th House District, State of Colorado, the District Attorney finds that the available evidence shows that Mr. Soper can substantiate that he established legal residency within the territory included in the limits of House District 54 as required and as defined by Colorado law. Therefore, this Office will take no official action with respect to any documents filed in connection with Mr. Soper’s 2018 election.
The Office of the District Attorney, Seventh Judicial District, has concluded its investigation of this matter and considers this case closed.