[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6513 Engrossed Amendment Senate (EAS)]

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                  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

_______________________________________________________________________

                               AMENDMENT