Nebraska Notary Convicted of Improper Medical Cannabis Petition Notarization Appeals Sentence

A former notary for Nebraska petitions to legalize medical cannabis in 2024 is appealing his criminal convictions related to improper notarizations, the Nebraska Examiner reports. Jacy C. Todd was found guilty in February of 23 counts of “official misconduct” – each a Class II misdemeanor – and one count of making a false statement under oath.
Todd was sentenced to a $2,866.44 fine, but no jail time.
Todd and his attorney, Mark Porto, on May 11 filed a notice of intent to appeal the convictions and sentence. Todd was found to have improperly notarized petitions related to the campaign to legalize medical cannabis in the state, between January 29 and July 2, 2024, on behalf of Michael K. Egbert, a paid petition circulator, who was not in Todd’s presence.
During the February trial, Todd testified that he would always witness a circulator sign their oath in person but would occasionally go back to stamp or sign a notarization, while overseeing his store and with dozens of petitions coming in. Todd further testified that he was unaware that in 2024 the complete notarization needed to occur while the signer and notary were in the same place.
In a separate October 2024 civil case seeking to overturn the medical cannabis law, Todd testified that he has always notarized correctly; but prosectors said Todd lied and claimed that his statements could have a “material effect” on the lawsuit. That lawsuit is before the state Supreme Court.
Following Todd’s sentencing last month, Porto told reporters that Todd “very may well be the first” person charged with a crime for improperly notarizing documents. Hall County Judge Alfred Corey had initially dismissed the criminal case against Todd, but that decision was tossed by Hall County Judge Andrew Butler in April 2025. Corey was ultimately the sentencing judge in Todd’s criminal trial.
Porto said the appeal would be based on a claim that the trial was “tainted from literally day one” after prosecutors interrupted his opening statement.
