GRAND ISLAND, Neb. — In a case that could influence the future of Nebraska’s medical cannabis ballot measures, a Hall County judge dismissed all charges against a notary accused of misconduct while notarizing petitions for the initiative. The ruling clarifies the legal role of notaries and underscores their duties as administrative rather than governmental.
Background: Allegations of Misconduct
Jacy C. Todd, a 53-year-old notary public from York, faced 24 counts of “official misconduct” for allegedly notarizing petition pages without being in the same room as the petition circulator, as required by Nebraska law. The circulator, Michael Egbert, had admitted to adding voter names to petition pages using a phone book and accepted a plea deal for a misdemeanor charge, avoiding a felony conviction.
Egbert’s actions led to scrutiny of Todd’s notarizations. The Hall County Attorney and Nebraska Attorney General argued that Todd knowingly violated state law, framing notaries as public officials with a duty to uphold legal standards. Todd’s defense challenged this characterization.
Judge’s Ruling: Notaries Are Not Public Officials
Judge Alfred Corey dismissed the charges Friday, stating that notaries perform clerical and ministerial duties, not governmental functions. Corey cited a 1984 U.S. Supreme Court case, Bernal v. Fainter, which differentiated notaries from public officers responsible for policymaking or executing broad public authority.
“While these duties greatly assist others, notary publics are not public servants who are performing governmental functions,” Corey wrote in his four-page opinion.
The judge’s decision also acknowledged the absence of precedent in Nebraska for criminalizing notarial actions in the way prosecutors had pursued this case. Corey ruled that Nebraska law outlines administrative remedies—such as license suspension or revocation—through the Secretary of State’s Office for addressing notarial misconduct, not criminal penalties.
Implications for Broader Medical Cannabis Legal Battles
The ruling has significant implications for a pending case in Lancaster County District Court. The Nebraska Attorney General’s Office, representing Secretary of State Bob Evnen, is seeking to invalidate signatures on medical cannabis ballot measures due to alleged misconduct by notaries and circulators.
Lancaster County District Judge Susan Strong is weighing whether allegations of circulator fraud or notarial malfeasance can justify invalidating thousands of signatures tied to these measures. During a recent trial, state officials noted that most contested signatures stemmed from notarizations by eight individuals, including Todd.
David Wilson Jr., who oversees notaries as part of the Secretary of State’s Office, testified that his office had received only one formal complaint against a related notary. That complaint, lodged by Jennifer Henning, a paid circulator, accused Crista Eggers—a lead sponsor of the medical cannabis measures—of improper notarization. However, Henning’s credibility has been challenged due to her criminal history and ongoing probation for felony insurance fraud.
Voter Support and Certification Process
Despite these legal disputes, Nebraska voters showed strong support for Initiative Measures 437 and 438 in the November 5 election, approving the legalization and regulation of medical cannabis. State constitutional officers, including Evnen and Attorney General Mike Hilgers, are set to meet December 2 to determine whether to certify the election results.
Both officials have indicated they will certify the measures but have not ruled out further challenges regarding the validity of petition signatures.
Legal and Policy Takeaways
Corey’s ruling underscores the administrative nature of notarial duties, rejecting attempts to criminalize actions typically addressed through licensing and oversight. The decision also adds complexity to ongoing challenges against Nebraska’s medical cannabis initiatives, which have faced repeated legal and procedural hurdles despite strong public support.
With the legal path now cleared for Todd, the focus shifts to the Lancaster County case and the broader implications for how Nebraska handles ballot measures and the roles of notaries in the petition process.
