LINCOLN, NE – The Nebraska Attorney General’s Office and Hall County Attorney’s Office are appealing the dismissal of criminal charges against a York-based notary public, Jacy C. Todd, who notarized medical cannabis petitions for the 2022 election.
Background of the Case
Todd, a 54-year-old notary, was charged with 24 counts of “official misconduct” in October 2024 for allegedly notarizing petitions outside the presence of Michael Egbert, a paid petition circulator, on 24 different occasions. Egbert, who pleaded guilty to a Class I misdemeanor for circulator fraud in November, admitted to illegally forging voter signatures using a phone book.
However, on November 22, 2024, Hall County Judge Alfred Corey dismissed all charges against Todd, ruling that notaries are not public officials. He further explained that allegations of notarial misconduct should be handled administratively rather than through criminal prosecution. Corey also ordered the state to cover the court costs.
Prosecutors’ Appeal
In response to the dismissal, Hall County Attorney Marty Klein, along with Nebraska Attorney General Mike Hilgers, filed an appeal on December 6, 2024, seeking to have the case brought before Hall County District Court. The appeal argues that the judge’s ruling was incorrect, stating that notaries do hold governmental power and should be classified as public officials. The prosecutors also contend that an administrative investigation does not preclude criminal prosecution in such cases.
Todd’s attorney, Mark Porto, has previously dismissed the charges as politically motivated, asserting that the charges were false and lacked merit.
Broader Implications
Todd’s case is believed to be the first criminal charge against a notary in Nebraska linked to alleged notarial misconduct. Other notaries involved in similar allegations related to the medical cannabis ballot initiatives have not faced charges of the same severity. Prosecutors have cited similar concerns regarding notarial misconduct in a separate case involving petitions in Lancaster County, which was dismissed but is also under appeal.
The ongoing appeals surrounding notary misconduct and the medical cannabis petitions continue to highlight the tension between legal and administrative actions in the state.
