[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4474 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 4474
To amend the Help America Vote Act of 2002 to confirm the requirement
that States allow access to designated congressional election observers
to observe the election administration procedures in elections for
Federal office.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 6, 2023
Mr. Carey introduced the following bill; which was referred to the
Committee on House Administration
_______________________________________________________________________
A BILL
To amend the Help America Vote Act of 2002 to confirm the requirement
that States allow access to designated congressional election observers
to observe the election administration procedures in elections for
Federal office.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; FINDINGS.
(a) Short Title.--This Act may be cited as the ``Confirmation Of
Congressional Observer Access Act of 2023'' or the ``COCOA Act of
2023''.
(b) Findings Relating to Congressional Election Observers.--
Congress finds the following:
(1) The Constitution delegates to each of House of the
Congress the authority to ``be the Judge of the Elections,
Returns and Qualifications of its own Members''.
(2) While, in general, Congress shall respect the
determination of State authorities with respect to the election
of members to each House, each House of Congress serves as the
final arbiter over any contest to the seating of any putative
Member-elect or Senator-elect.
(3) These election contest procedures are contained in the
precedents of each House of Congress. Further, for the House of
Representatives the procedures exist under the Federal
Contested Elections Act.
(4) In the post-Civil War modern era, more than 100
election contests have been filed with the House of
Representatives.
(5) For decades, Congress has appointed and sent out
official congressional observers to watch the administration of
congressional elections in the States and territories.
(6) These observers serve to permit Congress to develop its
own factual record in preparation for eventual contests and for
other reasons.
(7) This section and the amendments made by this section do
not establish any new authorities or procedures but are
provided simply to permit a convenient statutory reference for
existing Congressional authority and activity.
SEC. 2. CONFIRMING ACCESS FOR CONGRESSIONAL ELECTION OBSERVERS.
(a) Confirming Requirement That States Provide Access.--Title III
of the Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.) is
amended--
(1) by redesignating sections 304 and 305 as sections 305
and 306; and
(2) by inserting after section 303 the following new
section:
``SEC. 304. CONFIRMING ACCESS FOR CONGRESSIONAL ELECTION OBSERVERS.
``(a) Finding of Constitutional Authority.--Congress finds that it
has the authority to require that States allow access to designated
Congressional election observers to observe the election administration
procedures in an election for Federal office because the authority
granted to Congress under article I, section 5 of the Constitution of
the United States gives each House of Congress the power to be the
judge of the elections, returns and qualifications of its own Members.
``(b) Requiring States To Provide Access.--A State shall provide
each individual who is a designated Congressional election observer for
an election with full access to clearly observe all of the elements of
the administration procedures with respect to such election, including
but not limited to in all areas of polling places and other facilities
where ballots in the election are processed, tabulated, cast,
canvassed, and certified, in all areas where voter registration
activities occur before such election, and in any other such place
where election administration procedures to prepare for the election or
carry out any post-election recounts take place. No designated
Congressional election observer may handle ballots, elections equipment
(voting or non-voting), advocate for a position or candidate, take any
action to reduce ballot secrecy, or otherwise interfere with the
elections administration process.
``(c) Designated Congressional Election Observer Described.--In
this section, a `designated Congressional election observer' is an
individual who is designated in writing by the chair or ranking
minority member of the Committee on House Administration of the House
of Representatives or the Committee on Rules and Administration of the
Senate, or the successor committee in either House of Congress to
gather information with respect to an election, including in the event
that the election is contested in the House of Representatives or the
Senate and for other purposes permitted by article 1, section 5 of the
Constitution of the United States.''.
(b) Conforming Amendment Relating to Enforcement.--Section 401 of
such Act (52 U.S.C. 21111) is amended by striking ``and 303'' and
inserting ``303, and 304''.
(c) Clerical Amendment.--The table of contents of such Act is
amended--
(1) by redesignating the items relating to sections 304 and
305 as relating to sections 305 and 306; and
(2) by inserting after the item relating to section 303 the
following:
``Sec. 304. Confirming access for Congressional election observers.''.
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