The Missouri secretary of state may be given subpoena power to investigate complaints of election fraud under terms of legislation passed Thursday in the House.
With subpoena power, the Secretary of State could call for records or witnesses related to an election investigation. If someone refuses to present materials or be interviewed, they could be held in contempt of court.
Rep. Eric Woods (D-Kansas City) said with the federal government demanding personal data from states, the subpoena power could be misused.
“I continue to have a concern that this power could potentially be abused, especially given the time that we are in with rhetoric around elections in this country,” Woods said.
Bill sponsor Rep. Brad Banderman (R-St. Clair) said the materials and witness interviews subpoenaed would just give the Secretary of State more information to determine fraud.
“Subpoena power does not mean an instance of probable cause. Probable cause doesn’t mean the prosecutor is going to prosecute even if they bring the case, it doesn’t mean the person is guilty,” Banderman said. “It simply gives our secretary of state the ability to subpoena information to find out if it’s credible or not.”
The bill would also give the Secretary of State’s office access to records the Department of Revenue maintains on the citizenship status of licensed drivers.
Although Woods opposed granting subpoena power, he agreed with the provisions to share Department of Revenue records and increased funding for election system technology.
The bill now moves to the Senate.
