Nebraska election commissioners subpoenaed in medical marijuana lawsuit

LINCOLN, Neb. (KSNB) – Hall County’s elections commissioner has been called to testify in a civil case to determine whether signatures on medical marijuana petitions are valid.

Nebraska voters will vote on these petitions on November 5.

But Hall County Election Commissioner Tracy Overstreet, along with other election officials, was subpoenaed to testify in a trial on the case that begins Tuesday.

Nearly 100,000 signatures between two petitions collected by Nebraskans for medical marijuana are under investigation, according to Secretary of State Bob Evnen.

Evnen pointed to what the Nebraska Attorney General’s office allegedly discovered between a circulator and a notary accused of crimes related to fraud. Michael Egbert is accused of fabricating 202 signatures on several dozen petition sheets.

He brought those autographs notary Jacy Todd at a Grand Island pharmacy, and authorities say Todd notarized the signatures without Egbert’s presence.

Egbert faces a misdemeanor count of false swearing on a circulator’s affidavit, and Todd faces 24 misdemeanor counts of official misconduct. The lawsuit shows that Todd had at least 2,794 signatures notarized, and that 2,030 of those signatures were ultimately accepted.

Following the Nebraska Attorney General’s investigation into the men, Evnen now says several other circulators and notaries may have been guilty of similar crimes — even calling into question whether the signatures they provided are in fact valid.

Attorney General Mike Hilgers is ensuring election and law officials work together to identify fraudulent signatures on petitions.

So far, only Egbert and Todd are facing charges, and a total of 202 signatures have been deemed invalid, with enough evidence to warrant charges.

In addition to Overstreet, election commissioners from Saunders and Lancaster counties were subpoenaed to testify. Egbert has also been called to testify.

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