[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6513 Engrossed Amendment Senate (EAS)]
<DOC>
In the Senate of the United States,
September 24, 2024.
Resolved, That the bill from the House of Representatives (H.R.
6513) entitled ``An Act 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 congressional elections.'', do pass with the following
AMENDMENT:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Confirmation Of Congressional
Observer Access Act of 2024'' or the ``COCOA Act of 2024''.
SEC. 2. ACCESS FOR CONGRESSIONAL ELECTION OBSERVERS.
(a) Access Required.--Title III of the Help America Vote Act of
2002 (52 U.S.C. 21081 et seq.) is amended--
(1) by redesignating section 304 and 305 as sections 305
and 306; and
(2) by inserting after section 303 the following new
section:
``SEC. 304. ACCESS FOR CONGRESSIONAL ELECTION OBSERVERS.
``(a) Finding of Constitutional Authority.--Congress finds that,
regardless of legislative action, it has the authority to send
congressional election observers to observe polling locations, any
location where processing, scanning, tabulating, canvassing,
recounting, auditing, or certifying voting results is occurring, or any
other part of the process associated with elections for Federal office
under the authorities granted under article 1, section 5, clause 1 and
article 1, section 4, clause 1 of the Constitution of the United
States. Procedures described herein do not establish any new
authorities or procedures with respect to Congress' constitutional
authority to observe congressional elections but are provided simply to
permit a convenient statutory reference for existing congressional
authority and activity.
``(b) Requiring States To Provide Access for Observers.--
``(1) Requirement.--A State shall provide each individual
who is acting as a designated congressional election observer
for an election for Federal office with full access to clearly
observe all elements of election administration procedures,
including, but not limited to, access to any area in which a
ballot is cast, processed, scanned, tabulated, canvassed,
recounted, audited, or certified, including during pre- and
post-election procedures.
``(2) Restrictions on activities of observers.--No
designated congressional election observer may handle a ballot
or election equipment (whether voting or nonvoting or whether
tabulating or nontabulating), advocate for any position or
candidate, take any action to reduce ballot secrecy or voter
privacy, take any action to interfere with the ability of a
voter to cast a ballot or an election administrator to carry
the administrator's duties, or otherwise interfere with the
election administration process.
``(3) Rule of construction.--Nothing in this section shall
prohibit a designated congressional election observer from
asking questions of an election administrator, election
official, or election worker, or any other State or local
official.
``(c) Conduct of Observers.--
``(1) Removal.--
``(A) Authorization removal by election official.--
If a State or local election official has a reasonable
basis to believe that a designated congressional
election observer has engaged in or imminently will
engage in intimidation or deceptive practices
prohibited by Federal law, or in the disruption of
voting, processing, scanning, tabulating, canvassing,
or recounting of ballots, or the certification of
results, a State or local election official may remove
that observer from the area involved.
``(B) Notice to committee.--If a designated
congressional election observer is removed from an area
under subparagraph (A), the election official shall,
within 24 hours of the observer's removal--
``(i) inform the chair and ranking minority
member of the Committee on House Administration
of the House of Representatives or the
Committee on Rules and Administration of the
Senate, as applicable; and
``(ii) provide written notice detailing the
reason or reasons the designated congressional
election observer was removed.
``(2) Rule of construction.--For purposes of this
subsection, the mere presence of a designated congressional
election observer during an observation of election
administration procedures, without any additional indicia
supporting a reasonable basis for removal, is not a sufficient
reason for removal under paragraph (1)(A).
``(3) Right to replace observer.--If a designated
congressional election observer is properly removed under
paragraph (1)(A), 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, as appropriate, may send another designated
congressional election observer as a replacement for the
remaining duration of the observation of election
administration procedures.
``(d) Designated Congressional Election Observer Described.--In
this section, a `designated congressional election observer' is a House
or Senate employee 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 a successor committee, 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, clause 1 and article 1, section 4,
clause 1 of the Constitution of the United States.
``(e) State Defined.--In this section, the term `State' means each
of the 50 States, the District of Columbia, the Commonwealth of Puerto
Rico, the United States Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands.''.
(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.''.
Attest:
Secretary.
118th CONGRESS
2d Session
H.R. 6513
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AMENDMENT