[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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