Nebraska election commissioners subpoenaed in medical marijuana court case

LINCOLN, Neb. (KSNB) - The Hall County Election Commissioner has been called to testify in a civil case to determine whether signatures on medical marijuana petitions are valid.

Nebraska voters are set to vote on those petitions Nov. 5.

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

Nearly 100,000 signatures between two petitions gathered by Nebraskans for Medical Marijuana are under scrutiny, according to Secretary of State Bob Evnen.

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

He brought those signatures to notary public Jacy Todd at a dispensary in Grand Island, and authorities say Todd notarized the signatures without the presence of Egbert.

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

Following the Nebraska Attorney General’s Office’s investigation into the men, Evnen now says multiple other circulators and notaries could be guilty of similar crimes — even calling into question if the signatures they provided are, indeed, valid.

So far, only Egbert and Todd face charges, and a total of 202 signatures have been considered to be invalid with evidence significant enough to merit 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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