Jacy Todd, 54, of York was facing 24 counts of official misconduct, a misdemeanor.
But Hall County Judge Alfred Corey ruled that notaries are not public servants under state law and therefore can’t be charged with official misconduct.
Prosecutors alleged that Todd was not in the presence of circulators when he notarized their petition pages, a violation of Nebraska law.
But the judge found that allegations of notary malfeasance should be handled by the Secretary of State’s Office, not the courts.
Corey dismissed the charges with prejudice, meaning the state can’t refile them, though prosecutors could appeal the ruling.
This was one of three court cases involving two initiatives to legalize and regulate medical marijuana in Nebraska, which voters approved overwhelmingly.
Petition circulator Michael Egbert was found guilty of faking dozens of signatures on each petition.
And a lawsuit argued that there was enough fraud by circulators and malfeasance by notaries to invalidate the petitions.
Lancaster County District Court Judge Susan Strong has yet to rule on the suit.
H/T: www.klkntv.com
