Missouri Lawmakers Debate Restoring Secretary of State's Election Fraud Investigation Powers

A proposed bill would give the Secretary of State's office subpoena power to investigate election fraud complaints.

Jan. 27, 2026 at 7:55pm

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Missouri lawmakers are considering a bill that would restore the Secretary of State's investigative and subpoena powers for election fraud cases. The powers expired last August, and the bill's sponsor, Republican Representative Brad Banderman, argues that the office should have this tool regardless of party control to ensure a transparent legal process. However, Democratic Representative David Tyson Smith opposes restoring the powers.

Why it matters

The debate over the Secretary of State's investigative powers touches on broader issues of election integrity, transparency, and the balance of power between state officials. The outcome could impact how election fraud allegations are handled in Missouri going forward.

The details

The proposed bill would give the Missouri Secretary of State's office the ability to subpoena information and documents related to credible election fraud complaints. Sponsor Brad Banderman, a Republican, says this power is important for maintaining a transparent legal process, while Democrat David Tyson Smith opposes restoring the expired authority.

  • The Secretary of State's investigative and subpoena powers for election fraud cases expired in August 2025.

The players

Brad Banderman

A Republican member of the Missouri State House and the sponsor of the bill to restore the Secretary of State's election fraud investigation powers.

David Tyson Smith

A Democratic member of the Missouri State House who opposes restoring the Secretary of State's election fraud investigation powers.

Missouri Secretary of State

The state's chief election official, whose office previously had investigative and subpoena powers for election fraud cases until those powers expired last August.

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What they’re saying

“This is very important to create a transparent legal process within our state. And if there's a credible complaint, the Secretary of State's Office, no matter who that might be, no matter what party, should have the ability to get the information when they feel like the complaint is credible. If it's frivolous, they shouldn't pursue it. And we have guardrails on what frivolous is.”

— Brad Banderman, Republican State Representative

“I don't support restoring it.”

— David Tyson Smith, Democratic State Representative

What’s next

The Missouri State House will continue debating the bill and could vote on it in the coming weeks.

The takeaway

The debate over restoring the Secretary of State's election fraud investigation powers reflects the ongoing tensions around election integrity and transparency in Missouri. The outcome could set an important precedent for how such allegations are handled in the state.