Notary charged in ongoing investigation into alleged fraud
LINCOLN — A notary public has been charged with more than two dozen counts of “official misconduct” as part of an ongoing statewide investigation into alleged fraud in two Nebraska medical marijuana petitions.
Nebraska Attorney General Mike Hilgers and Hall County Prosecutor Marty Klein announced charges Wednesday against Jesse C. Todd, 53, of York. Todd is the co-owner of Herban Pulse, a CBD health and wellness store in Grand Island. Law enforcement charged Todd with illegally notarizing multiple petitions in Grand Island in the presence of at least one petition circulator.
The 24 counts refer to the specific dates Todd allegedly “willfully” violated the law in the performance of his official duties, between January 29 and July 2.official misconduct“A Class II misdemeanor punishable by up to 6 months in prison or a $1,000 fine, or both.
The Nebraska Examiner called Herban Pulse for comment, but the person who answered the phone hung up. According to initial court documents, Todd does not appear to have an attorney.
“Electoral integrity is a cornerstone of our democratic republic, and the public expects those seeking to raise issues on the ballot to abide by the law,” Hilgers said in a statement.
Hilgers said this is “especially true” for notaries involved in the election process.
“Notaries are officers of the public and are held to a higher standard of trust and honesty,” Hilgers continued. “Here, our investigation uncovered a gross abuse of the notarization process and a false representation that the petitions were properly notarized when, in fact, they were not.”
“The Nebraska Medical Marijuana Association (NMM) believes it meets all constitutional and statutory requirements,” the petition’s sponsors said in a statement.
Hall County Petition Signatures
On Sept. 13, Hilgers and Klein charged the paid petition circulator, Michael K. Egbert, 66, one felony count At least 200 fraudulent signatures were allegedly collected in Hall County. One of Egbert’s probable cause affidavits involved at least 38 pages of signatures on two petitions from the medical marijuana movement to legalize and regulate the drug with voter approval.
Attorney General Mike Hilgers and Hall County Prosecutor Marty Klein hosted a news conference involving a Grand Island man charged in Collecting fraudulent signatures on two medical marijuana-related petitions in early 2024.
While Todd notarized dozens of pages, his probable cause affidavit says he was the notary for all 38 pages of Egbert’s previous investigation. Egbert allegedly wrote down phone book names, made up false birth dates and listed at least eight dead voters on two petitions.
Robert Alexander, the attorney representing Egbert, said Wednesday, “We will allow the judicial process to proceed smoothly.”
Klein said Hall County Elections Commissioner Tracy Overstreet and her staff “take the integrity of our elections very seriously,” and Klein praised Overstreet’s office for signature verification. ’s “diligence and thoroughness” and the Hall County Sheriff’s Office’s investigation of the allegations.
“Voters in Hall County should feel confident signing petitions and voting in Hall County,” Klein said in a statement.
Overstreet told the Nebraska Examiner in September that Egbert’s suspicious signature “was flagged as fraudulent and rejected from the outset and was not counted in those (verification) totals.”
A statewide investigation is underway
Nebraska Secretary of State Bob Evening. September 13, 2024.
Nebraska Secretary of State Bob Evnen certified two medical marijuana ballot petitions on the same day Egbert was charged, Sept. 13, according to information at the time. Both petitions received nearly 90,000 valid signatures, above the 86,499 required.
Avnen, however, pointed to Hilgers’ ongoing investigation as an uncertainty that could invalidate the petition.
Two constitutional officials have since asked the district court to clearly declare the “true” number of valid signatures. The lawsuit is pending before Lancaster County District Court Judge Susan Strong.
Hilgers and his office mentioned the Egbert-Todd relationship in a brief filed with Evnen last week before the charges were filed. The attorney general’s office said at least the “presumption of validity” should be removed from the petition page, although ballot sponsors can provide evidence to “reinstate” signatures.
“To be sure, removing the presumption of effectiveness is a good medicine,” the brief said. “But here it makes sense.”
The secretary of state’s office declined to comment when asked how many signatures the accusations against Todd might affect.
‘I think it’s really frustrating’
Hall County Elections Commissioner Tracy Overstreet
(Courtesy of Hall County)
Overstreet told the Examiner on Wednesday that if the allegations against Todd are true, it could lead to the 275 signatures previously deemed “good” on the legalization petition and “good” on the regulatory petition. 271 signatures of “Good” are missing.
Overstreet told the Examiner, “I think it’s really frustrating, first of all, that someone would fraudulently record a signature, and I think even more frustrating is to see people who have concerns about the process. Good signatures from passionate people might not be counted because people don’t follow the rules.
“It’s sad, but I’m pleased that our county attorney maintained the integrity of the entire process.”
Todd Probable Cause Affidavit
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