‘While these duties greatly assist others, notary publics are not public servants who are performing governmental functions,’ wrote Hall County Judge Alfred Corey
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A Hall County judge has dismissed all charges against Jacy C. Todd, a York notary accused of "official misconduct" related to medical cannabis petitions, potentially affecting broader legal challenges to Nebraska's ballot measures legalizing medical marijuana.
Details of the Case
Charges Dismissed:Todd faced 24 counts of "official misconduct" for allegedly notarizing petition pages without being physically present with circulators, a requirement under Nebraska law.
The allegations stemmed from work with petition circulator Michael Egbert, who admitted to adding voters’ names from a phone book and accepted a reduced charge of misdemeanor fraud with a $250 fine.
Judge's Ruling:
Hall County Judge Alfred Corey granted a motion to quash, rejecting the State’s argument that notaries are public officials subject to criminal charges for misconduct.
Corey cited the 1984 U.S. Supreme Court case Bernal v. Fainter, which defined notary duties as "clerical and ministerial" rather than responsibilities tied to policymaking or representative government.
Impact on Future Notary Cases:
Corey’s decision reinforces that Nebraska law does not criminalize notarial errors but instead allows for administrative remedies through the Secretary of State's Office.
Implications for Medical Cannabis Ballot Measures
Pending Legal Challenges:
A broader case in Lancaster County District Court, led by the Nebraska Attorney General’s Office, seeks to invalidate medical cannabis ballot measures (Initiatives 437 and 438), approved by voters on Nov. 5.
The state alleges "notarial malfeasance" and circulator fraud, arguing that invalid signatures could disqualify the measures.
Key Testimonies:
The State’s case relies on claims that notaries, including Todd, failed to meet procedural standards. However, Judge Corey’s ruling weakens these arguments.
Witness Jennifer Henning, a circulator and convicted felon, accused ballot sponsor Crista Eggers of improper petition signing. Ballot sponsors highlighted Henning’s credibility issues, noting her history of fraudulent conduct.
Next Steps
Certification of Results:
Despite ongoing disputes, state officials, including Secretary of State Bob Evnen and Attorney General Mike Hilgers, have indicated they will certify the election results on Dec. 2.
Broader Legal Precedent:
Judge Corey’s decision may set a precedent that protects notaries from criminal charges for procedural errors, limiting the State’s ability to challenge ballot measures based on alleged notarial misconduct.
This ruling marks a significant development in Nebraska's contentious path to legalizing medical cannabis, with legal, political, and public sentiment converging in what may shape future election and petition practices.
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