Klein stated to the Nebraska Examiner following the verdict that the case is “vital to our democratic process.” He emphasized that if election rules are not correctly followed at every step, “then we’re no better than some of these other countries out there that have no confidence in their elections and no confidence in their system of governance.” Klein expressed satisfaction with the verdict, noting, “I think we got the right result today.”
A Class I misdemeanor carries a maximum penalty of one year in prison, a $1,000 fine, or both. Meanwhile, Class II misdemeanors can lead to up to six months in jail, a fine of up to $1,000, or both. Todd’s sentencing is set for 9 a.m. on April 22. His attorney, Mark Porto, indicated that this is not the conclusion of the matter, stating, “There are some grounds for appeal that we will certainly explore.”
Accountability in Public Service
During closing arguments, Jensen urged the jurors to apply common sense, arguing that Todd sought to evade accountability as a public servant. He asserted that Todd was aware of the rules and “disregarded” them “to meet his end and benefit.” Jensen highlighted the responsibility of notaries, describing them as “professional truth tellers” whose credibility should never be in question. He challenged the defense’s assertion that Todd was unaware of his duties, remarking, “The idea that he doesn’t know his duties as a notary public is a laughable defense. … Sometimes the facts just aren’t on your side.”
Nebraska Attorney General Mike Hilgers issued a statement expressing gratitude to the jury and reaffirming that election integrity is the “bedrock of our democracy.” He pointed out that evidence presented during the trial illustrated a systematic violation of the law, insisting that the medical marijuana petition campaign was “built on fraud and malfeasance” and should never have appeared on the ballot.
Investigation and Oversight
Klein acknowledged the diligent efforts of Hall County Election Commissioner Tracy Overstreet and her team, along with the Hall County Sheriff’s Office and the Nebraska Attorney General’s Office, in identifying and investigating questionable conduct surrounding the 2024 petition effort. He expressed confidence in Hall County elections due to Overstreet’s supervision, noting that her office discovered fraudulent activities associated with petition circulator Michael K. Egbert of Grand Island, whose petitions were notarized by Todd and formed the basis of the trial allegations.
The Hall County Attorney’s Office and the Nebraska Attorney General’s Office argued that Egbert was never present with Todd when he signed his petition circulator’s affidavit during the period from January 29 to July 2, 2024, on 23 separate occasions. According to state law, notarizations must occur in person, and the notary public must verify the signer’s identity, either through repeated interactions or third-party verification. While some notarizations can occur online, this does not apply to ballot measures.