[Congressional Record Volume 170, Number 150 (Wednesday, September 25, 2024)]
[House]
[Pages H5791-H5792]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
CONFIRMATION OF CONGRESSIONAL OBSERVER ACCESS ACT OF 2023
Mr. STEIL. Mr. Speaker, I move to suspend the rules and concur in the
Senate amendment to the bill (H.R. 6513) 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.
The Clerk read the title of the bill.
The text of the Senate amendment is as follows:
Senate 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'' 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
subparagraph (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 `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.''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Wisconsin (Mr. Steil) and the gentleman from New York (Mr. Morelle)
each will control 20 minutes.
The Chair recognizes the gentleman from Wisconsin.
General Leave
Mr. STEIL. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days to revise and extend their remarks and include
extraneous material on the Senate amendment to the bill, H.R. 6513.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Wisconsin?
There was no objection.
{time} 1500
Mr. STEIL. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise today in strong support of the Senate amendment
to H.R. 6513, the Confirmation of Congressional Observer Access Act, or
COCOA Act.
Ensuring the fairness and accuracy of our elections is of utmost
importance for me as chairman of the Committee on House Administration,
which has broad oversight for our Nation's Federal elections.
The Election Observer Program is one of the key ways the committee
has worked to strengthen our election administration practices.
Since 1933 there have been 110 contested election cases considered in
the House. This averages to two contests per Congress.
Congressional observers collect on-the-ground factual information for
Congress and my committee for these potential election contests.
During the 2020 election cycle, House election observers were
deployed to Iowa's Second District to oversee the administration of the
election of our now-colleague, Representative Mariannette Miller-Meeks.
She went on to win the contested race by only six votes, and trained
House election observers were instrumental in gathering the information
the committee needed to seat the rightful winner.
The Constitution grants Congress the authority to ``be the judge of
the elections, returns, and qualifications of its own Members.'' It is
under this constitutional authority that the House
[[Page H5792]]
established the nonpartisan Election Observer Program.
In the 2022 election cycle, observers were deployed to roughly 25
sites across the country. Dozens of offices have already signed up to
participate in this year's program for the election that concludes in
just 41 days.
With the help of our colleagues in the Senate, this election is now
expanded to encompass a Senate program similar to the one we run in the
House.
I am working to ensure election observers can be deployed across
States as needed. At a recent committee hearing, six secretaries of
State from both parties testified they would provide unimpeded access
to our Election Observer Program in the upcoming election. I will
continue to work to ensure every State and locality across the country
will welcome our observers.
Strong election integrity increases confidence and participation in
our elections, which is a good thing.
Providing a Federal statutory citation for these election observers
to monitor election administration practices will achieve that goal.
Elections are partisan, but the administration of our elections should
never be partisan.
Mr. Speaker, I urge my colleagues to support this bill, and I reserve
the balance of my time.
Mr. MORELLE. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, first, let me thank my distinguished colleague and
friend from Wisconsin, the chair of our committee, Mr. Steil.
Mr. Speaker, I rise today in support of the Senate amendment to H.R.
6513. I am proud to say this measure is the byproduct of bipartisan and
bicameral agreement.
As was noted, Article I, Section 5, Clause 1 of the Constitution
grants Congress the authority to ``be the judge of the elections,
returns, and qualifications of its own Members.''
The House of Representatives serves as the final arbiter over any
contest to the seating of any Member-elect and is the ultimate
authority over who may serve in the Chamber.
This measure, H.R. 6513, confirms Congress' constitutional authority
to designate congressional staff to observe election administration
procedures in congressional elections. This bill complements our
longstanding Election Observer Program, as has been noted.
The program is conducted by the Committee on House Administration, as
authorized by House rules and the Federal Contested Elections Act. The
role of a congressional observer is to monitor the administration of
the election, gather information, and report back to the committee.
Every 2 years, the committee's longstanding practice is to work
collaboratively on a bipartisan basis to send observers. There is
evidence of the committee sending observers dating back to at least the
99th Congress, 1985 to 1987.
Mr. Speaker, I want to, again, repeat that I am grateful to my
colleague and chairman of the committee, Mr. Steil, as well as another
colleague who serves on our committee, Representative Mike Carey of
Ohio, for sponsoring the bill. This addresses several concerns raised
in committee with an earlier version of the text, and I thank them for
working with us. I thank the staff on both sides for coming to this
agreement.
Mr. Speaker, I urge my colleagues to support the Senate amendment to
H.R. 6513, and I yield back the balance of my time.
Mr. STEIL. Mr. Speaker, I yield myself the balance of my time.
Mr. Speaker, I thank my colleague, the ranking member of the
Committee on House Administration, for his work on this important
legislation, as well as the staffs of both the minority and the
majority for coming together in a timely manner to get this across the
line as well as our colleagues in the Senate.
Mr. Speaker, having no further comments on the bill, I urge everyone
to support this bill, and I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Wisconsin.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. STEIL. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this question will be postponed.
____________________