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LINCOLN — Jacy Todd of York, a former notary convicted last week of 24 misdemeanors stemming from improper notarizations for the 2024 campaign to legalize and regulate marijuana, is seeking a full pardon from state officials while continuing his run for one of their jobs.
At a news conference Monday, Todd, 55, said he will stay in the GOP race for governor, a direct challenge to Gov. Jim Pillen, who serves on the Nebraska Board of Pardons along with Nebraska Attorney General Mike Hilgers and Secretary of State Bob Evnen, the state’s top election official.
A Hall County jury last week found Todd guilty of 23 counts of “official misconduct” and one count of lying under oath, all sought by the AG’s Office and the Hall County Attorney’s Office.
“While I absolutely continue to maintain my innocence, what was unquestionably clear was that what the state presented was nothing more than a series of paperwork errors,” Todd said.
‘Paperwork omissions’
Todd hand-delivered one-page letters Monday to the offices of the governor, attorney general and secretary of state requesting an “instant pardon.”
“Governor Jim Pillen is on record stating that paper errors do not constitute criminal charges,” Todd wrote the three officials.
Notary for Nebraska medical cannabis petitions found guilty of all 24 criminal charges
Pillen, in a Feb. 10 appearance on conservative Omaha talk radio station KFAB, said he didn’t see it as a crime that the Nebraska Department of Economic Development skipped a legally required written justification for skipping the step of bidding out state contracts larger than $50,000. At issue was a $2.5 million no-bid bioeconomy contract in 2024, given to a lobbyist Pillen knew.
Pillen said there were “paperwork omissions” in DED “way before we came into office.”
“So, you know, paperwork omissions are criminal, I guess,” Pillen told KFAB. “I guess … somebody in our department is guilty of paperwork omissions and lack of discipline. I don’t think that’s criminal.”
No-bid emergency contract
Nebraska State Auditor Mike Foley referred the DED situation to Hilgers’ office to determine next steps, including a possible criminal investigation that could reach staff under Pillen’s direct control. Hilgers has said he can’t confirm whether an investigation is ongoing, but his office has confirmed receipt of Foley’s referral.
Todd said if the Pardons Board is unwilling to act, they should explain why Todd’s case is criminal, but the no-bid contract situation involving taxpayer funds is not.
Laura Strimple, a spokesperson for Pillen, confirmed receipt of Todd’s letter, which “could be purported as a pardon request.” But to be official, a request must be completed via an application to the Board of Pardons. Such a request can only be made after a criminal sentence has been served — Todd’s sentencing hearing is April 22, back before Hall County Judge Alfred Corey.
Evnen’s office did not immediately respond to a request for comment. Hilgers’ office declined to comment. Last week, Hilgers thanked the jury for its “careful consideration” of the case and described election integrity as the “bedrock of our democracy.” Todd’s case began in October 2024.
Todd repeated comments from his attorney, Mark Porto, that the trial was “tainted” from the start after the AG’s Office interrupted the defense’s opening statement on how Todd could argue against the charges.
Todd and Porto say the moment loomed over the entire trial. The judge denied multiple related requests for a mistrial on those grounds.
Auditor flags possible Pillen ‘favoritism’ in $2.5M no-bid bioeconomy contract with lobbyist
After sentencing, Todd and his attorney plan to appeal, which will likely include the opening statements spat and also an argument over whether notary publics are “public officials” who can face such criminal charges.
About his appeal, Todd said he feels “really, really good.”
Todd faces one Class I misdemeanor and 23 Class II misdemeanors. Each carries a maximum fine of $1,000, while the maximum prison time is six months for each Class II misdemeanor or one year for the Class I misdemeanor.
‘Sacrifice worth fighting for’
If elected governor, Todd reiterated his call for a complete audit of state government, using any savings from “wasteful” spending to push for property tax relief beginning on day one. He also wants Nebraska to lead the way on medical cannabis research and innovation.
Todd said he wishes Pillen would think on his own, describing him as a “yes man.” Todd said he would work for Nebraskans, not what’s best for himself or his colleagues, if elected.
Pillen’s campaign had no response to Todd’s comments or to his staying in the race.
Nebraskans for Medical Marijuana stands behind 2024 campaign after notary’s conviction
In November 2024, 71% of Nebraska voters favored legalizing medical cannabis. Todd said the response was to “criminalize the messenger.”
Todd predicted he might face “repercussions” for speaking out against a “corrupt” government or from those who say he’s “unfit” to run, but Todd said Nebraskans are “stubborn, independent and honorable people.” He said the campaign is a “sacrifice worth fighting for.”
A U.S. Army veteran and combat medic, Todd said he’s not “broken” and will not back down. Todd said his service to protect and defend the Constitution is his main reason for running, saying he feels constitutional rights have been going to the “wayside.”
“It is time to end corruption in our beautiful state,” Todd said. “It is time to bring Nebraska back where it belongs: To the people.”
The GOP primary for governor is May 12. Gary Rogge of Aurora and Sheila Korth-Focken of Long Pine have also filed to run as Republicans. The filing deadline is 5 p.m. Monday.
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