The circulator told law enforcement he illegally used a phone book to add signatures to petitions he circulated in addition to legitimate signatures he gathered.
By Zach Wendling, Nebraska Examiner
A paid petition circulator for Nebraska’s two successful medical cannabis ballot measures pleaded guilty Friday to a misdemeanor and a $250 fine, down from an initial felony charge.
Michael K. Egbert, 66, was a paid circulator for the Nebraskans for Medical Marijuana campaign to legalize and regulate medical cannabis. Hall County Attorney Marty Klein, whose investigation was aided by the Nebraska Attorney General’s Office, reduced Egbert’s charge from a Class IV felony to a Class I misdemeanor, for the “attempt” to “falsely swear to a circulator’s affidavit.”
Egbert pleaded guilty for “intentionally” engaging in conduct that was “a substantial step” toward committing the Class IV felony crime between February 9 and June 30.
A Class I misdemeanor carries a maximum sentence of one year in prison or a $1,000 fine, or both.
About 200 irregular signatures
Egbert consistently told local law enforcement—and testified last week in a Lancaster County District Court trial against the petitions—that he illegally used a phone book to add signatures to petitions he circulated in addition to legitimate signatures he gathered.
Hall County Election Commissioner Tracy Overstreet said in mid-September, when Egbert was first charged, that approximately 200 irregular signatures “were flagged as fraudulent and rejected and not counted toward those totals from the get-go.”
Egbert has consistently said he never signed his circulator’s oath or got his pages notarized in the presence of a notary, which is required under state law, which led to 24 charges of “official misconduct” against notary Jacy Todd of York.
Todd has denied those allegations and is seeking to have his case dismissed.
At least one other notary, Crista Eggers, campaign manager for the efforts, notarized Egbert’s petitions. Court documents in Lancaster County state that Eggers has “no memory” of notarizing Egbert’s petitions and notarized them by mistake, “likely because they were inadvertently mixed” with petitions from valid circulators.
Lancaster County District Judge Susan Strong is reviewing evidence after the four-day trial seeking to throw out thousands of signatures on the petitions because of alleged circulator misconduct and “notarial malfeasance.”
Attorneys seeking to throw out the signatures, including from the AG’s Office, may submit post-trial briefs by Tuesday. The ballot sponsors can respond by Friday, and the attorneys against the petitions can file an additional response by November 18.
Over 70 percent voter support
The petitions from the Nebraskans for Medical Marijuana campaign—Initiative Measure 437 and Initiative Measure 438—received overwhelming support at the ballot box last week: 70.88 percent of voters supported Measure 437, while 67.11 percent of voters supported Measure 438.
Initiative Measure 437, the Nebraska Medical Cannabis Patient Protection Act, would set an allowable amount of medical cannabis at 5 ounces; exempt patients and caregivers from penalty for using or assisting someone else in using the cannabis; and require a written recommendation from a health care practitioner before prescription.
Initiative Measure 438, the Nebraska Medical Cannabis Regulation Act, would define cannabis; legalize possessing, manufacturing, distributing, delivering and dispensing cannabis for medical purposes; and create the Nebraska Medical Cannabis Commission to oversee the new law.
Nebraska’s constitutional officers will meet December 2 to certify Tuesday’s election results. Legal challenges can continue after that date.
This story was first published by Nebraska Examiner.
Photo elements courtesy of rawpixel and Philip Steffan.
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