GRAND ISLAND, Neb. — A former notary for separate Nebraska petitions to legalize and regulate medical cannabis in 2024 is appealing his 24 criminal convictions related to improper notarizations.

A Hall County jury in February found Jacy C. Todd of York, 55, guilty of 23 counts of “official misconduct,” each a Class II misdemeanor, and one count of making a false statement under oath. Hall County Court Judge Alfred Corey sentenced Todd to a $3,866.44 fine, due by mid-April 2027, with no jail time.

Each charge carried a maximum fine of $1,000, with up to six months behind bars for each Class II misdemeanor and up to one year for the Class I misdemeanor.

In a one-page order filed May 11, Todd and his attorney, Mark Porto, filed a notice of intent to appeal the conviction and sentence. That will go to the Hall County District Court.

A six-panel jury in February convicted Todd on charges filed by the Nebraska Attorney General’s Office and Hall County Attorney Marty Klein, alleging that Michael K. Egbert, 67, a paid Grand Island petition circulator, had never appeared before Todd to notarize his petitions seeking to legalize and regulate medical cannabis — a verification step required by law.

Todd said in October 2024, during a separate Lancaster County civil case seeking to invalidate the medical cannabis petitions, that he always notarized correctly. Prosecutors said Todd lied and argued his statements could have had a “material effect” on the outcome of that lawsuit, which is now before the Nebraska Supreme Court.

The high court has not yet issued an opinion in that appeal, which it heard Dec. 3. 

Even without Todd’s valid signatures, the 2024 Nebraskans for Medical Marijuana campaign gathered enough signatures to have still qualified for the 2024 ballot. The campaign has continued to stand behind its work.

“I’m not aware … and I’ve heard a lot of people talk to me about this case of any instance in which somebody who’s been charged with a crime for not notarizing documents properly,” Porto said after Todd’s sentencing last month. “Mr. Todd may very well be the first.”

Todd ran as one of five Republicans challenging Gov. Jim Pillen for the GOP nomination in the May 12 primary. Pillen won with 75% of the vote; Todd received 3%.

Judge Corey initially dismissed the criminal case against Todd, agreeing with Porto and Todd that notaries aren’t public officials who can be criminally prosecuted for official misconduct. 

Hall County District Court Judge Andrew Butler reversed that decision in April 2025, but he wrote that he questioned the prosecutorial resources being used to pursue criminal charges “when looking at the current climate of the state and voice of its residents.” 

Nearly 71% of voters voted to legalize medical cannabis in 2024, and about 67% of voters voted to regulate it.

That disparity will be appealed, Porto said, and Porto and Todd have said they will appeal on a claim that the trial was “tainted from literally day one” after prosecutors interrupted a key part of Porto’s opening statement.

Another court, possibly as high as the Nebraska Supreme Court, could weigh Todd’s conviction.