In Grand Island, Nebraska, a paid petition circulator involved in the successful medical cannabis ballot measures recently pleaded guilty to a misdemeanor and received a $250 fine, down from an initial felony charge. Michael K. Egbert, 66, was working with the Nebraskans for Medical Marijuana campaign, which aimed to legalize and regulate medical cannabis. After an investigation by Hall County Attorney Marty Klein, supported by the Nebraska Attorney General’s Office, Egbert’s charge was reduced from a Class IV felony to a Class I misdemeanor for attempting to “falsely swear to a circulator’s affidavit.” Egbert admitted to actions that amounted to an attempt to commit the felony between February and June of this year.
Egbert confessed to using a phone book to add fraudulent signatures to the petitions he circulated, in addition to the genuine ones he collected. Hall County Election Commissioner Tracy Overstreet reported that about 200 signatures were flagged as fraudulent and excluded from the official count. Egbert also admitted that he did not sign his circulator’s oath or notarize his petition pages as required by state law, which led to misconduct charges against notary Jacy Todd of York. Todd has denied the allegations and is seeking to have his case dismissed.
Another notary, Crista Eggers, campaign manager for the medical cannabis initiative, reportedly notarized Egbert’s petitions by mistake, as they were likely mixed with other valid petitions. Lancaster County District Judge Susan Strong is currently reviewing evidence in a separate trial seeking to invalidate thousands of petition signatures due to alleged misconduct by circulators and notarial errors. Attorneys challenging the signatures have until Tuesday to submit post-trial briefs, with responses due from ballot sponsors by Friday and additional responses by November 18.
The petitions, known as Initiative Measure 437 and Initiative Measure 438, received strong voter support last week, with over 70% of voters in favor. Measure 437, the Nebraska Medical Cannabis Patient Protection Act, would allow patients to possess up to 5 ounces of medical cannabis and require a recommendation from a healthcare provider. Measure 438, the Nebraska Medical Cannabis Regulation Act, would legalize the possession, manufacture, and distribution of medical cannabis and establish the Nebraska Medical Cannabis Commission to oversee regulations. Nebraska’s constitutional officers will meet on December 2 to certify the election results, though legal challenges may continue after certification.
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