Defense asserts Jacy Todd of York did not ‘knowingly’ violate law but ‘messed up’ some notarizations in 2024
GRAND ISLAND, Neb. — The criminal trial against a notary who helped two 2024 petitions aimed at legalizing and regulating medical cannabis began Monday with a focus on what defines a proper notarization in Nebraska.
Jacy C. Todd of York, 55, faces 24 misdemeanor charges in Hall County Court related to how he carried out his duties as a notary around the Nebraskans for Medical Marijuana statewide ballot measures. The petitions overwhelmingly passed and have been law since Dec. 12, 2024.
County and state prosecutors allege that Todd, on 23 separate dates between Jan. 29 and July 2 of 2024, notarized petitions on behalf of a paid circulator from Grand Island, Michael K. Egbert, 67, who was not in Todd’s presence. The charges of “official misconduct” are Class II misdemeanors. A Class II misdemeanor carries a maximum of six months’ imprisonment or a $1,000 fine, or both.
The 24th charge relates to a broader case in Lancaster County against the medical cannabis petitions in the lead-up to the 2024 election. In a deposition for that case, Todd said he always followed his notarial duties. So prosecutors say Todd lied under oath, which would be a Class I misdemeanor. A Class I misdemeanor is punishable by up to one year in prison or a $1,000 fine, or both.
‘He messed up’
Mark Porto, Todd’s attorney, told jurors that Todd didn’t know at the time that the notary and circulator needed to be in the same place for a signature and stamp on each petition page. He said Todd made some “mistakes” but didn’t do so “knowingly.”
Nebraska Attorney General Mike Hilgers and Hall County Attorney Marty Klein first announced a criminal investigation into the medical cannabis petitions on Sept. 13, 2024. That was one day after prosecutors charged Egbert, the paid circulator who worked with Todd, with a Class IV felony of falsifying his circulator’s oath when he forged signatures, including by use of a phone book.
A few weeks later, on Oct. 2, 2024, prosecutors charged Todd with 24 counts of official misconduct. One of those charges was dismissed leading up to Todd’s criminal trial.
On Nov. 8, 2024, Egbert pleaded guilty to a Class I misdemeanor and paid a $250 fine for an “attempt” to falsify his circulator’s oath.
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Criminal trial begins against a notary for Nebraska medical cannabis petitions
