A Nebraska district judge has reinstated criminal charges against a York man accused of notarizing forged signatures on petitions tied to last year’s successful medical marijuana ballot initiatives. On Tuesday, Judge Andrew C. Butler overturned a county court’s prior decision that dismissed 24 counts of official misconduct against notary Jacy Todd. Prosecutors allege Todd notarized 108 petition pages containing fraudulent signatures across multiple days in 2024—violating notary laws by doing so outside the presence of circulators.
The case stems from a larger investigation into alleged signature fraud that briefly cast doubt over the validity of the petitions. Although Republican Secretary of State Bob Evnen and the Attorney General raised concerns over nearly 49,000 signatures, a separate judge ruled only a few hundred were invalid—far short of what would be needed to overturn the measures, which passed with strong voter support and have since become law.
The county court had previously dismissed the charges, ruling that notaries are not public servants and thus not subject to the misconduct statute. However, Judge Butler disagreed, citing state law that defines notaries as public officers appointed by the secretary of state.
While returning the case to county court, Butler expressed concern about the state’s use of resources in prosecuting Todd, given the public’s overwhelming support for the ballot measures. Attorney General Mike Hilgers’ office welcomed the decision, emphasizing the important role notaries play in safeguarding election integrity.
Todd’s attorney, Mark Porto, criticized the prosecution as excessive, suggesting Todd may be the only Nebraskan ever criminally charged for notarial errors. He urged the public to judge not just Todd’s actions, but also the motives of those pursuing the case, asserting that his client will ultimately be vindicated.
Comments