GRAND ISLAND, Neb. — A former notary for Nebraska petitions to legalize and regulate medical cannabis in 2024 was fined nearly $4,000 Wednesday but received no jail time on 24 criminal charges related to improper notarizations.
Hall County Court Judge Alfred Corey sentenced Jacy C. Todd of York, 55, to a $2,300 fine across 23 counts of “official misconduct,” each a Class II misdemeanor, and a $500 fine for one count of making a false statement under oath, a Class I misdemeanor. Corey also assessed $1,066.44 in court costs, bringing the total to $3,866.44. Corey ordered Todd to pay by April 19, 2027.
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Each charge carried a maximum fine of $1,000, with up to six months behind bars for each Class II misdemeanor and up to one year for the Class I misdemeanor.
A six-panel jury in February convicted Todd on charges filed by the Nebraska Attorney General’s Office and Hall County Attorney Marty Klein on claims that Michael K. Egbert, 67, a paid Grand Island petition circulator, had never appeared before Todd to notarize his petitions seeking to legalize and regulate medical cannabis — a verification step required by law.
“The court, after hearing the evidence, didn’t believe that this was just a mistake,” Corey said Wednesday during a 30-minute sentencing hearing.
Todd said in October 2024, during a separate Lancaster County case seeking to invalidate the petitions, that he always notarized correctly. Prosecutors said Todd lied and argued his statements could have had a “material effect” on the outcome of that case, which is now before the Nebraska Supreme Court.
The high court has not yet issued an opinion in that appeal, which it heard Dec. 3. Even without Todd’s valid signatures, the campaign gathered just enough across its petitions to have still qualified for the 2024 ballot.
The Nebraskans for Medical Marijuana campaign has continued to stand behind its efforts in 2024, when 71% of voters legalized the drug, and 67% of voters approved a regulatory scheme.
A steeper penalty
Todd’s sentence differs from that of Egbert, who confessed to dropping off his petitions for Todd to notarize outside his presence and to fraudulently adding voters to petition pages without their knowledge, including by using a phone book.
Egbert initially faced a Class IV felony alleging he falsely swore to his circulator’s oath, which could have carried a sentence of up to two years in jail, one year post-release supervision and a $10,000 fine.
Klein said without Todd, Egbert could make no such oath, so prosecutors downgraded the charge to a Class I misdemeanor of “attempting” to falsely swear to his oath. Egbert pleaded guilty, allowing him to avoid jail, and he agreed to pay a $250 fine.
‘Ask for your mercy’
Mark Porto, Todd’s attorney, urged Corey to consider that Todd was a U.S. Army veteran, having served as a combat medic, had no prior criminal record and had civically engaged to make medical cannabis a reality. Porto also noted Egbert’s $250 fine for “outright fraud.”
“I’m not aware … and I’ve heard a lot of people talk to me about this case of any instance in which somebody who’s been charged with a crime for not notarizing documents properly,” Porto said. “Mr. Todd may very well be the first.”
Porto said Todd’s charges were “probably not a coincidence” and instead were related to state leaders’ opposition to cannabis, including Nebraska Attorney General Mike Hilgers. Porto recommended a $1 fine on each charge and asked Corey to consider the “extreme minor nature” of Todd’s action for what amounted to “minor paperwork errors.”
Prosecutors did not have a recommendation for Todd’s sentence Wednesday, with Klein repeating statements that every step must be followed throughout ballot measure campaigns. Klein said notarizations can be a “burden” but that an in-person notarization is an “obligation.”
“This isn’t just some, ‘Oh gosh, I didn’t do it right, I made a mistake,’ or whatever theory of the defense [was] at the time of the trial,” Klein told Corey on Monday.
Klein on Wednesday also noted prosecutorial discretion, because he said the “depth and scale of this malfeasance” meant Todd could have been charged with official misconduct across 120 petition pages, across the 23 dates.
Unlike Todd, Egbert did not face date-specific charges throughout his criminal case.
Corey said his goal was not to balance Egbert and Todd, “because it’s just Mr. Todd that’s in front of me.” Egbert’s case went before former Hall County Judge Arthur Wetzel.
Todd on Wednesday told Corey he has “never forgotten your courage” in initially dismissing the case and at first agreeing with Porto and Todd that notaries aren’t public officials who can be criminally prosecuted, until Hall County District Court Judge Andrew Butler reversed. That disparity will be appealed, and another court, possibly the Nebraska Supreme Court, will likely weigh Todd’s convictions.
“I maintain my innocence,” Todd told Corey. “I acted in good faith. I caused no harm to anyone. I have no prior record. I am not here to argue my case. I am here to ask for your mercy.”
Todd continued: “Please impose no punishment. Imposing any punishments will only punish a veteran who is trying to help fellow citizens exercise their rights under state law.”
Todd is one of four Republicans challenging GOP incumbent Gov. Jim Pillen for reelection in the primary this May 12. After his conviction, Todd said he would not drop out and requested that Pillen, Hilgers and Secretary of State Bob Evnen issue him a pardon.
Todd had made the point that Pillen’s executive branch also faces a controversy over a no-bid contract, which Pillen has similarly said amounts to “paperwork omissions.”
Impact on civic participation?
After Wednesday’s hearing, Porto again said he and Todd would appeal and that it’s probably “ripe” for some resolution on whether notaries are public officials. Todd also plans to appeal on a claim that the trial was “tainted from literally day one, right off the bat” after Assistant Attorney General Mike Jensen interrupted Porto’s opening statement and said ignorance isn’t a defense.
Pillen recently appointed Jensen as a Douglas County District Court judge to succeed the newest Nebraska Supreme Court member, Justice Derek Vaughn.
Porto said he wouldn’t be “really critical” of Corey’s sentence but that the fine is a lot of money for a normal person who was just “volunteering for a cause they believed in.”
“It’s part of a piece to this whole prosecution, and it is, I think, alarming in the potential that it has to undermine civic participation,” Porto said.
On Klein’s comments that there could have been more charges, Porto said Klein was basically saying “we cut him a break,” but Porto said it doesn’t feel that way. Instead, he said it feels like Tod was “singled out.”
“I think it’s pretty clear he was,” Porto said. “It’s difficult to believe that the actions that Mr. Todd was convicted of don’t happen all day, every day, throughout the state by notaries all throughout the state, and yet here we are,” Porto said.
In sentencing Todd, Corey said he was focusing on the importance of a notary’s role and hoped the case highlighted that fact.
“The government would be flooded if we didn’t have notaries,” Corey said.
Corey noted there was a “pretty good chance” someone else would review the case’s outcome and similarly said he hopes the case doesn’t prevent civic participation.
“Now, more than ever, on our upcoming 250th birthday for the U.S., we need people … to get involved in regards to a myriad of things,” Corey said.
He continued: “I hope it doesn’t make people want to just not get involved. If it does, that would be pretty disappointing.”
This story is provided by States Newsroom, a nonprofit state news network and Blox Digital content partner.
