[House Report 118-361]
[From the U.S. Government Publishing Office]


118th Congress }                                              {    Report
                        HOUSE OF REPRESENTATIVES
 2d Session    }                                              {   118-361

======================================================================



 
       CONFIRMATION OF CONGRESSIONAL OBSERVER ACCESS ACT OF 2023

                                _______
                                

January 29, 2024.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Steil, from the Committee on House Administration, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 6513]

    The Committee on House Administration, to whom was referred 
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, 
having considered the same, reports favorably thereon without 
amendment and recommends that the bill do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     2
Background and Need for Legislation..............................     2
Committee Action.................................................     7
Committee Consideration..........................................     9
Committee Votes..................................................     9
Statement of Constitutional Authority............................     9
Committee Oversight Findings.....................................     9
Statement of Budget Authority and Related Items..................     9
Congressional Budget Office Estimate.............................    10
Performance Goals and Objectives.................................    10
Duplication of Federal Programs..................................    10
Advisory on Earmarks.............................................    10
Federal Mandates Statement.......................................    10
Advisory Committee Statement.....................................    10
Applicability to Legislative Branch..............................    10
Section-by-Section Analysis......................................    10
Changes in Existing Law Made by the Bill, as Reported............    12

                          Purpose and Summary

    H.R. 6513, the Confirmation Of Congressional Observer 
Access Act (COCOA Act) of 2023, introduced by Representative 
Mike Carey (OH-15), and co-sponsored by Representative Bryan 
Steil (WI-01), Chairman of the Committee on House 
Administration, and Representative Joseph D. Morelle (NY-25), 
Ranking Member of the Committee on House Administration, 
provides a statutory citation for the long-running, 
constitutionally authorized congressional observer program 
operated by the House of Representatives.\1\ It ensures that 
congressional observers authorized by the House have full 
access to view congressional election administration processes, 
including polling places and election tabulation facilities. 
The House's congressional election observer program is 
authorized under the Constitution but is not codified in 
federal statute. While the constitutional authority of Congress 
to deploy election observers supersedes any state law to the 
contrary, the lack of statutorily codified authorization for 
the program has created difficulties for House observers and 
confusion for elections officials. The Committee on House 
Administration and its observers have received requests from 
state and county elections officials for a ``statutory citation 
of convenience'' for the Constitution's grant of authority for 
the existing House program. Without purporting to expand the 
House's authority or its existing observer program, this 
legislation provides that statutory citation.
---------------------------------------------------------------------------
    \1\Nothing in the COCOA Act should be construed as affecting or 
limiting in any way any similar constitutional activities conducted by 
the U.S. Senate.
---------------------------------------------------------------------------

                  Background and Need for Legislation


                               BACKGROUND

    The Constitution delegates to each House of 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 authority of states to announce the 
election of individuals as members to Congress, the House of 
Representatives serves as the final arbiter as to the seating 
of any putative member-elect. In the post-Civil War era, more 
than 100 election contests have been filed with the House of 
Representatives. The Federal Contested Elections Act (``FCEA'') 
of 1969 established some procedures for how the House of 
Representatives handles certain contests.\3\ Further, members 
of the House have offered an additional 15 seating challenges 
pursuant solely to the precedents of the House using what is 
colloquially known as the ``step aside'' method.\4\ Rule X of 
the Rules of the House of Representatives delegates 
adjudicatory authority over all contests and seating challenges 
to the Committee on House Administration (``Committee'').\5\
---------------------------------------------------------------------------
    \2\U.S. Const. art I, Sec. 5, cl. 1.
    \3\2 U.S.C. Sec. Sec. 381-396.
    \4\Congressional Research Service. (October 18, 2016). Procedures 
for Contested Election Cases in the House of Representatives. (CRS 
Report No. RL33780). https://crsreports.congress.gov/
product/pdf/RL/RL33780.
    \5\Rules of the United States House of Representatives, Rule 
X(k)(12), https://rules.house.
gov/sites/republicans.rules118.house.gov/files/documents/
Rules%20and%20Resources/118-House-Rules-Clerk.pdf.
---------------------------------------------------------------------------
    The House's constitutional authority to ``be the Judge of 
the Elections, Returns and Qualifications of its own 
Members''\6\ inherently includes the authority to observe the 
administration of congressional elections so that the House may 
make informed decisions as constitutional judge. The House has 
delegated much of this authority under its rules to the 
Committee, which performs a quasi-judicial function through 
investigation and adjudication of election contests pursuant to 
the FCEA and/or the precedents of the House and the precedents 
of and rules established by the Committee. With this authority, 
the Committee trains and credentials employees of the House to 
serve as election observers so the House has its own official 
record of the administration of House elections. It is 
important that the House has its own, independent official 
record in the event of an election contest or seating challenge 
so it can accurately and faithfully perform its constitutional 
duty. Absent its own official evidence, the House would 
struggle to verify evidence received from non-House observers 
and be forced to rely on third-party reports to interpret 
results certified in a House election. Because the House 
operates its election observer program pursuant to the 
constitution, the supremacy clause\7\ dictates that this 
authority supersedes any state law to the contrary.
---------------------------------------------------------------------------
    \6\U.S. Const. art I, Sec. 5, cl. 1.
    \7\U.S. Const. art. IV, cl. 2.
---------------------------------------------------------------------------
    The Election Observer Program exists to serve the official 
interests of the House of Representatives to ensure free, fair, 
and secure congressional elections. While political candidates 
and parties deploy election observers to advocate for their 
position in key jurisdictions, official congressional 
observation of congressional elections fills another, necessary 
role by allowing for the creation of a useable record in the 
case of an election contest or seating challenge. As such, 
Congress has for decades appointed and trained official 
congressional staff as observers to watch the administration of 
congressional elections in the states and territories pursuant 
to its Article I, Section 5 authority.\8\
---------------------------------------------------------------------------
    \8\House Election Observer Program, Comm. on H. Admin. 
(Republicans), https://republicans-cha.house.gov/election-
observerprogram. https://rollcall.com/2010/11/11/house-panel-could-
hold-hearings-on-close-races/; https://cha.house.gov/2022/10/ranking-
member-davis-house-will-deploy-congressional-election-observers-during.
---------------------------------------------------------------------------
    The purpose of congressional observation by the House of 
Representatives is to ensure the candidate seated is the one 
actually elected by the people in a free, fair, and secure 
election. House of Representatives staff members, designated 
and credentialed by the Committee,\9\ are on-site at the 
election offices or facility in close or difficult elections to 
observe election procedures to ensure the certified winner was 
chosen in a free and fair election. Only official employees of 
the House of Representatives may serve as congressional 
election observers; and while actively serving, no observer may 
engage in political advocacy or interfere with the 
administration of the election.
---------------------------------------------------------------------------
    \9\Pursuant to Rule X of the Rules of the House of Representatives.
---------------------------------------------------------------------------
    Observers play a critical role in maintaining election 
integrity and voter confidence by focusing on transparency and 
security in the election process. Their presence and their 
duties of watching, recording, and reporting on election 
administration activities is vital in ensuring ballots are 
counted and adjudicated according to law. The Election Observer 
Program aims to ensure that all eligible Americans can vote, 
all lawful votes are counted accurately, and the rightful 
winner is seated in the following Congress.
    Each side of the Committee operates its own flavor of the 
Election Observer Program. Committee Republicans recruit, 
train, and deploy both D.C. and district Republican House staff 
members to election administration sites across the country. 
The Committee sends recruitment emails to Member offices with 
information regarding the Program and an invitation to future 
trainings.
    Once recruited, staff are required to participate in a 
number of training sessions throughout the fall. While not all 
observers will be deployed, all observers are required to be 
trained. The Committee hosts in-person, virtual, and hybrid 
trainings for D.C. and district staff with current or former 
elections officials, elections attorneys, and other election 
observation experts as guest lecturers to ensure a well-rounded 
approach.
    In addition to training, the Committee actively engages in 
outreach to the elections community, particularly with election 
officials. This outreach is a key aspect of ensuring a seamless 
and cooperative relationship between the Committee, 
congressional election observers designated by the House, and 
local election administrators. As part of this effort, the 
Committee provides election officials for a congressional 
district with copies of example credentials, identification of 
individuals anticipated to serve in that congressional district 
as congressional election observers, and the scope of 
observers' duties.
    This proactive communication is intended to alert election 
officials to the congressional election observers' official 
status and to establish a line of communication between the 
Committee and those specifically relevant state and/or local 
elections officials. These efforts reflect the Committee's 
commitment to maintaining the integrity and professionalism of 
the election observer program and fostering constructive 
engagement with state and local election officials as we work 
toward the shared goal of free, fair, and secure elections.
    On Election Day and the days following, Committee 
Republicans monitor races and send observers upon request of 
the Republican Nominee, with preference given to races expected 
to have close margins or with a history of election 
administration difficulties. Recruited and trained volunteer 
staff observers are deployed to close races to gather 
information and monitor the canvass, recount, or other stages 
of the election process to build a factual record for the 
Committee in the event a contested election ensues. The 
Committee makes every effort to take factors such as geography 
and familiarity into account when making deployment decisions. 
Since observers are on official business for the House, they do 
not have to take personal leave and their travel costs are paid 
by the Committee.
    Election observers are present at the election office or 
facility solely to observe, take notes, ask questions when 
appropriate, and report back to the Committee. As official 
representatives of the House, congressional election observers 
are the ``first among equals'' with respect to other observers 
and have the constitutional authority--confirmed by the COCOA 
Act--to be in the rooms where local election officials process 
ballots and tabulate votes, to see where ballots are stored, 
and to observe other, non-public processes.
    In the 117th Congress, two bills were introduced in the 
House of Representatives that would have provided a statutory 
citation of convenience for congressional election observers. 
Former Ranking Member of the Committee on House Administration 
Subcommittee on Elections, Representative Bryan Steil (WI-01), 
introduced H.R. 8517, the Confirmation of Congressional 
Observer Access (``COCOA'') Act of 2022,\10\ an earlier version 
of this bill that would have required States to provide 
designated congressional election observers with full access to 
observe the administration procedures of federal elections, and 
prohibited such an observer from handling ballots or elections 
equipment, advocating for a position or candidate, taking any 
action to reduce ballot secrecy, or otherwise interfering with 
the elections administration process. The legislation was 
cosponsored by former Ranking Member of the Committee on House 
Administration, Representative Rodney Davis (IL-13), and 
Committee member Representative Barry Loudermilk (GA-11).
---------------------------------------------------------------------------
    \10\H.R. 8517--117th Congress (2021-2022): COCOA Act of 2022, H.R. 
8517, 117th Cong. (2022), https://www.congress.gov/bill/117th-congress/
house-bill/8517/.
---------------------------------------------------------------------------
    Additionally, former Ranking Member Rodney Davis introduced 
H.R. 8528, the American Confidence in Elections Act,\11\ in the 
117th Congress, which included the version of the COCOA Act 
from the 117th Congress. That legislation featured 43 co-
sponsors.
---------------------------------------------------------------------------
    \11\H.R. 8528--117th Congress (2021-2022): ACE Act, H.R. 8528, 
117th Cong. (2022), https://www.congress.gov/bill/117th-congress/house-
bill/8528.
---------------------------------------------------------------------------
    In the 118th Congress, the Chairman of the Committee on 
House Administration, Representative Bryan Steil, introduced 
H.R. 4563, an updated version of the American Confidence in 
Elections Act,\12\ which included language to allow access to 
designated congressional election observers materially 
identical to the language of the COCOA Act from the 117th 
Congress. As of publication of this report, the legislation has 
127 co-sponsors, including Representative Mike Carey (OH-15). 
Representative Carey also introduced H.R. 4474, the 
Confirmation Of Congressional Observer Access Act of 2023, 
which separately introduced the same language.\13\
---------------------------------------------------------------------------
    \12\H.R. 4563--118th Congress (2023-2024): American Confidence in 
Elections Act, H.R. 4563, 118th Cong. (2023), https://www.congress.gov/
bill/118th-congress/house-bill/4563.
    \13\H.R. 4474--118th Congress (2023-2024): Confirmation Of 
Congressional Observer Access Act of 2023, H.R. 4474, 118th Cong. 
(2023), https://www.congress.gov/bill/118th-congress/house-bill/4474.
---------------------------------------------------------------------------
    After bipartisan discussions, H.R. 6513, the Confirmation 
Of Congressional Observer Access Act (COCOA Act) of 2023, was 
introduced on November 30, 2023, by Representative Mike Carey 
(OH-15) and co-sponsors Representative Bryan Steil (WI-01), 
Chairman of the Committee on House Administration, and 
Representative Joseph D. Morelle (NY-25), Ranking Member of the 
Committee on House Administration.

                          NEED FOR LEGISLATION

    Under the power granted to the U.S. House in Article I, 
Section 5 of the U.S. Constitution to ``be the Judge of 
Elections, Returns, and Qualifications of its own Members,'' 
the Committee on House Administration is vested by House Rules 
with jurisdiction over contested House elections, which 
includes the House's congressional observer program.
    While the congressional election observer program is 
authorized under the Constitution,\14\ it is not codified in 
federal statute; as such, some states do not specifically 
recognize the authority of congressional election observers 
designated by the House to be present to observe House 
elections. This can result in scenarios where other observers 
are allowed access while official congressional observers are 
excluded.\15\ This distinction is significant as congressional 
observers designated by the House have a specific 
constitutional mandate to observe House, complementing the role 
of public observers who represent broader community interests.
---------------------------------------------------------------------------
    \14\Grants the U.S. House of Representatives the authority to serve 
as the final ``Judge of the Elections, Returns and Qualifications of 
its own Members'', which includes the authority to observe the 
administration of congressional elections.
    \15\Maricopa County, Arizona; 2020 election cycle.
---------------------------------------------------------------------------
    While the constitutional authority of Congress to deploy 
election observers supersedes any state law to the contrary, 
the lack of statutorily codified authorization for the program 
has created difficulties for observers in some States. In 
recent years, the Committee has also received requests from 
state and county elections officials for a ``statutory citation 
of convenience'' for the Constitution's grant of authority. For 
example, elections officials in Tarrant County, Texas, and 
Henrico County, Virginia, requested a ``statutory citation of 
convenience'' after removing or preventing the admission of 
congressional election observers, explaining that without a 
statutory citation, the county would find it difficult to 
permit observers not specifically authorized by state law. 
These good-faith conversations led to the development of the 
COCOA Act to ensure clear expectations--and no unintentional 
surprises--for all parties involved.
    However, there are more serious examples, such as the 2020 
race for the Office of Representative from the Sixth 
Congressional District of Arizona in Maricopa County, Arizona. 
Both sides of the Committee on House Administration designated 
and deployed staff to observe the election. However, election 
officials blocked the admission of official House election 
observers who were authorized to execute the House's 
constitutional responsibilities with respect to serving as the 
final ``Judge of the Elections, Returns, and Qualifications of 
its own Members.''\16\ All calls for assistance went 
unanswered, and no congressional election observers designated 
by the House were permitted entry. In other situations, House 
election observers have been threatened with arrest for 
requesting admission to polling locations.\17\
---------------------------------------------------------------------------
    \16\U.S. Const. Art. 1, Sec. 5.
    \17\Harris County, Texas; 2020 election cycle.
---------------------------------------------------------------------------
    Previously, state officials operated under color of law to 
remove congressional election observers designated by the House 
on an ad hoc basis, usually arguing they were not authorized 
under state law to observe, leading frequently to a lengthy 
back-and-forth between attorneys for the state or county 
government and the Committee. The COCOA Act establishes a 
process for removal by state officials of congressional 
election observers designated by the House only when a State or 
local election official has a reasonable basis to believe that 
the designated congressional election observer has engaged in 
or imminently will engage in intimidation or deceptive 
practices prohibited by Federal law.
    The Code of Official Conduct for the House of 
Representatives requires all employees of the House to behave 
at all times in a manner that reflects creditably on the House, 
a requirement re-affirmed by the COCOA Act. As such, an 
employee of the House who serves as a designated congressional 
election observer is subject to the Code of Official Conduct in 
the employee's role as an observer, and the Committee expects 
the highest standards of professionalism from congressional 
election observers designated by the House. Should the 
Committee be made aware of an observer not living up to this 
standard, practice dictates that the Committee itself would 
immediately remove the observer itself.
    To counter unwarranted removals and ensure that designated 
congressional election observers can accomplish what is 
directed by law, any election official who removes a 
congressional election observer is required to inform the Chair 
and Ranking Member of the Committee and to provide written 
notice detailing the reason or reasons the designated 
congressional election observer was removed. In the event of a 
lawful removal, the Chair or Ranking Member of the Committee 
may send another designated congressional election observer as 
a replacement.
    Rep. Carey's Confirmation Of Congressional Observer Access 
Act of 2023 (``COCOA Act of 2023'')\18\ would statutorily 
codify the House of Representatives' congressional election 
observer program, re-emphasizing that the Constitution requires 
states to allow authorized U.S. House staff full access to 
observe state administration of federal elections 
administration in order to effect the House's Article I, 
Section 5 authority. Under the COCOA Act, Congress restricts 
its authority to access for observation the state 
administration of federal elections to those activities 
absolutely necessary for its constitutional duties. Such access 
includes, but is not limited to, all areas of polling places 
and other facilities where ballots in the election are 
processed, scanned, tabulated, cast, canvassed, recounted, 
audited, or certified, including during pre- and post-election 
procedures. Consistent with long-standing instruction to House 
observers, the COCOA Act confirms in statute that House 
election observers may not handle ballots or election 
equipment, advocate for a position or candidate, or otherwise 
interfere with the administration of an election. This 
legislation does not establish new authorities or procedures 
for the existing election observer program, but does require 
that when an observer is removed, that the Chair or Ranking 
Member of the Committee are provided written notice detailing 
the reasons for dismissal. In the event this transpires, the 
Chair or Ranking Member can designate a new observer for that 
race.
---------------------------------------------------------------------------
    \18\H.R. 6513--118th Congress (2023-2024): COCOA Act of 2023, H.R. 
6513, 118th Cong. (2023), https://www.congress.gov/bill/118th-congress/
house-bill/6513.
---------------------------------------------------------------------------

                            Committee Action


                       INTRODUCTION AND REFERRAL

    On November 30, 2023, Representative Mike Carey (OH-15), 
joined by Representative Bryan Steil (WI-01), Chairman of the 
Committee on House Administration, and Representative Joseph D. 
Morelle (NY-25), Ranking Member of the Committee on House 
Administration, introduced H.R. 6513, the Confirmation Of 
Congressional Observer Access Act of 2023. The bill was 
referred to the U.S. House of Representatives Committee on 
House Administration.

                                HEARINGS

    For the purposes of clause 3(c)(6)(A) of House rule XIII, 
in the 118th Congress, the Committee held two subcommittee 
hearings and one full committee hearing to develop H.R. 6513.
          1. On March 10, 2023, the Committee held an elections 
        subcommittee hearing titled, ``2022 Midterms Look Back 
        Series: Successes in the 2022 Midterm Elections.'' The 
        hearing focused on the strengths and weaknesses of the 
        2022 federal midterm election, lessons learned from 
        newly implemented and administered State election laws, 
        and how ACE Act can be strengthened based on new data 
        from the midterm election. Witnesses included: The 
        Honorable Kyle Ardoin, Louisiana Secretary of State, 
        The Honorable Chris Anderson, Supervisor of Elections, 
        Seminole County, Florida, The Honorable Frank LaRose, 
        Ohio Secretary of State, and Damon Hewitt, President 
        and Executive Director of the Lawyers' Committee.\19\
---------------------------------------------------------------------------
    \19\2022 Midterms Look Back Series: Successes in the 2022 Midterm 
Elections: Hearing Before the Subcommittee on Elections of the H. Comm. 
On Admin., 118th Cong. (2023).
---------------------------------------------------------------------------
          2. On March 23, 2023, the Committee held an elections 
        subcommittee hearing titled, ``2022 Midterms Look Back 
        Series: Election Observer Access.'' The hearing focused 
        on successful election observation practices, how they 
        were utilized during the 2022 midterm election, and how 
        ACE Act, which includes the Confirmation of 
        Congressional Observer Access Act,\573\ can be 
        strengthened based on new data from the midterm 
        election. In this midterm and other past elections, the 
        Committee and its observers have received requests from 
        state and county elections officials for a ``statutory 
        citation of convenience'' for the Constitution's grant 
        of authority for congressional observation. COCOA 
        provides this statutory citation of convenience in 
        plain language. Witnesses included: Ms. Lynn Taylor, 
        President of the Virginia Institute for Public Policy, 
        Mr. Josh Findlay, National Election Integrity Director 
        of the Republican National Committee, Ms. Lisa Lyons, 
        County Clerk, Kent County, Michigan, and The Honorable 
        Benjamin Hovland, Commissioner, U.S. Election 
        Assistance Commission.\20\
---------------------------------------------------------------------------
    \20\2022 Midterms Look Back Series: Election Observer Access: 
Hearing Before the Subcomm. On Elections of the H. Comm. On Admin., 
118th Cong. (2023).
---------------------------------------------------------------------------
          3. On July 10, 2023, the Committee held a full 
        committee field hearing titled, ``American Confidence 
        in Elections: The Path to Election Integrity Across 
        America.'' The hearing outlined the newly introduced 
        ACE Act, which includes a previous version of the COCOA 
        Act,\21\ and highlighted the successes of S.B. 202, 
        2021. Witnesses included: The Honorable Hans von 
        Spakovsky, Manager, Election Law Reform Initiative and 
        Senior Legal Fellow, The Heritage Foundation, Dr. 
        Kathleen Ruth, Former Vice Chair, Fulton County Board 
        of Registration and Elections, Mrs. Vernetta Keith 
        Nuriddin, Elections Consultant, City of Milton, and Ms. 
        Cathy Woolard, Chair, Fulton County Board of 
        Registration and Elections.\22\
---------------------------------------------------------------------------
    \21\Sec. 126, H.R. 4563--118th Congress (2023-2024): American 
Confidence in Elections Act, H.R. 4563, 118th Cong. (2023), https://
www.congress.gov/bill/118th-congress/house-bill/4563.
    \22\American Confidence in Elections: The Path to Election 
Integrity Across America: Hearing Before the H. Comm. On Admin., 118th 
Cong. (2023).
---------------------------------------------------------------------------

                        Committee Consideration

    On November 30, 2023, the Committee on House Administration 
met in open session and ordered the bill, H.R. 6513, the 
Confirmation Of Congressional Observer Access Act of 2023, 
reported favorably to the House of Representatives, by voice 
vote, a quorum being present.

                            Committee Votes

    In compliance with clause 3(b) of House rule XIII, the 
following vote occurred during the Committee's consideration of 
H.R. 6513:
          1. Vote to report H.R. 6513 favorably to the House of 
        Representatives, passed by voice vote.

                 Statement of Constitutional Authority

    Congress has the power to enact this legislation pursuant 
to the following:
           Article I, Section 4, Clause 1--informs the 
        Congress that the primary authority to set election law 
        and to administer federal elections rests with the 
        States and not with the Congress.\23\
---------------------------------------------------------------------------
    \23\U.S. Const. art. I, Sec. 4, cl. 1.
---------------------------------------------------------------------------
           Article I, Section 5, Clause 1--``Each House 
        shall be the Judge of the Elections, Returns and 
        Qualifications of its own Members . . .''\24\
---------------------------------------------------------------------------
    \24\U.S. Const. art. I, Sec. 5, cl. 1.
---------------------------------------------------------------------------
           Article I, Section 8, Clause 18--``To make 
        all Laws which shall be necessary and proper for 
        carrying into Execution the foregoing Powers, and all 
        other Powers vested by this Constitution in the 
        Government of the United States, or in any Department 
        or Officer thereof.''\25\
---------------------------------------------------------------------------
    \25\U.S. Const. art. I, Sec. 8, cl. 18.
---------------------------------------------------------------------------

                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of House rule XIII, the 
Committee advises that the findings and recommendations of the 
Committee, based on oversight activities under clause 2(b)(1) 
of rule X of the Rules of the House of Representatives, are 
incorporated in the descriptive portions of this report.

            Statement of Budget Authority and Related Items

    Pursuant to clause 3(c)(2) of rule XIII of the Rules of the 
House of Representatives and section 308(a)(I) of the 
Congressional Budget Act of 1974, the Committee provides the 
following opinion and estimate with respect to new budget 
authority, entitlement authority, and tax expenditures. The 
Committee believes that there will be no additional costs 
attributable to H.R. 3229.

                  Congressional Budget Office Estimate

    With respect to the requirement of clause 3(c)(3) of rule 
XIII of the Rules of the House of Representatives, a cost 
estimate provided by the Congressional Budget Office pursuant 
to section 402 of the Congressional Budget Act of 1974 was not 
made available to the Committee in time for the filing of this 
report. The Chairman of the Committee shall cause such an 
estimate to be printed in the Congressional Record if it is 
received by the Committee.

                    Performance Goals and Objectives

    The performance goals and objectives of H.R. 6513 are to 
provide a statutory citation for the long-standing 
congressional observer program. While the Constitution gives 
Congress the power to deploy election observers and supersedes 
any state law to the contrary, the lack of statutorily codified 
authorization for the program has created difficulties for 
observers in some States.

                    Duplication of Federal Programs

    Pursuant to clause 3(c)(5) of House rule XIII, no provision 
of H.R. 6513 establishes or reauthorizes a program of the 
federal government known to be duplicative of another federal 
program.

                          Advisory on Earmarks

    In accordance with clause 9 of House rule XXI, H.R. 6513 
does not contain any congressional earmarks, limited tax 
benefits, or limited tariff benefits as defined in clauses 
9(d), 9(e), or 9(f) of House rule XXI.

                       Federal Mandates Statement

    An estimate of federal mandates prepared by the Director of 
the Congressional Budget Office pursuant to section 423 of the 
Unfunded Mandates Reform Act was not made available to the 
Committee in time for the filing of this report. The Chairman 
of the Committee shall cause such an estimate to be printed in 
the Congressional Record if it is received by the Committee.

                      Advisory Committee Statement

    H.R. 6513 does not establish or authorize any new advisory 
committees.

                  Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

                      Section-by-Section Analysis


Section 1. Short title, findings

    Section 1(a) provides a short title for the ``Confirmation 
Of Congressional Observer Access Act of 2023'' or the ``COCOA 
Act of 2023.''
    Section 1(b) provides findings with respect to the 
congressional observer program. First, the Constitution 
authorizes Congress to ``be the Judge of the Elections, Returns 
and Qualifications of its own Members'' and that power gives 
the House of Representatives the power to serves as the final 
arbiter over any contest to the seating of any putative Member-
elect. Second, Congress has exercised this authority from the 
very First Congress through the current Congress, the One 
Hundred Eighteenth Congress. Throughout that time, roughly 610 
elections have been contested in the House. These precedents 
are contained in the precedents of each House of Congress.
    For decades, the House of Representatives has appointed its 
staff to watch the administration of congressional elections in 
the States and territories. Critically, congressional observers 
serve to gather real-time information and data for the House in 
anticipation of an election contest being filed.

Section 2. Access for Congressional Election Observers

    Section 2(a) amends the Help America Vote Act of 2002 by 
redesignating section numbers and inserting Sec. 304, the 
statutory citation for Access For Congressional Election 
Observers.
    Section 304(a) provides the finding of constitutional 
authority for congressional observer access 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 the Constitution of 
the United States.
    Section 304(b) requires States to provide full access for 
congressional election observers to clearly observe all 
elements of election administration procedures. It clarifies 
that while congressional election observers may not handle 
ballots or election equipment, advocate for a position or 
candidate, or otherwise interfere with the administration of an 
election, 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.
    Section 304(c) provides for the conduct of observers. It 
provides the conduct for which designated congressional 
election observers may be removed by an election official and 
it requires that election official to inform the chair and 
ranking minority member of the Committee on House 
Administration of the House of Representatives (``Committee'') 
and provide written notice detailing the reason or reasons the 
designated congressional election observer was removed. If a 
designated congressional election observer is properly removed, 
the chair or ranking minority member of the Committee may send 
another designated congressional election observer as a 
replacement for the remaining duration of the observation of 
election administration procedures. It provides the sense of 
Congress that, because the Code of Official Conduct for the 
House of Representatives requires all employees of the House to 
behave at all times in a manner that reflects creditably on the 
House, an employee of the House who serves as a designated 
congressional election observer is subject to the Code of 
Official Conduct in the employee's role as such an observer.
    Section 304(d) describes a designated congressional 
election observer as a House employee (as contemplated by the 
Rules of the House of Representatives) who is designated in 
writing by the chair or ranking minority member of the 
Committee, or the successor committee, to gather information 
with respect to an election, including in the event that the 
election is contested in the House of Representatives and for 
other purposes permitted by the Constitution of the United 
States.
    Section 304(e) defines `State' for the purposes of this 
section as 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.
    Section 2(b) provides the conforming amendment relating to 
enforcement.
    Section 2(c) provides the clerical amendment to the table 
of contents of the Help America Vote Act of 2022.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, and existing law in which no 
change is proposed is shown in roman):

                     HELP AMERICA VOTE ACT OF 2002


SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) Short Title.--This Act may be cited as the ``Help America 
Vote Act of 2002''.
  (b) Table of Contents.--The table of contents of this Act is 
as follows:

Sec. 1. Short title; table of contents.
     * * * * * * *

    TITLE III--UNIFORM AND NONDISCRIMINATORY ELECTION TECHNOLOGY AND 
                       ADMINISTRATION REQUIREMENTS

                        Subtitle A--Requirements

     * * * * * * *
Sec. 304. Confirming access for congressional election observers.
Sec. [304] 305. Minimum requirements.
Sec. [305] 306. Methods of implementation left to discretion of State.

           *       *       *       *       *       *       *


   TITLE III--UNIFORM AND NONDISCRIMINATORY ELECTION TECHNOLOGY AND 
                      ADMINISTRATION REQUIREMENTS

Subtitle A--Requirements

           *       *       *       *       *       *       *


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--
                          (i) inform the chair and ranking 
                        minority member of the Committee on 
                        House Administration of the House of 
                        Representatives; 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 
        subparagraph (A).
          (3) Right to replace observer.--If a designated 
        congressional election observer is properly removed 
        under subparagraph (A), the chair or ranking minority 
        member of the Committee on House Administration of the 
        House of Representatives, as appropriate, may send 
        another designated congressional election observer as a 
        replacement for the remaining duration of the 
        observation of election administration procedures.
          (4) Clarification regarding applicability of code of 
        official conduct.--It is the sense of Congress that, 
        because the Code of Official Conduct for the House of 
        Representatives (rule XXIII of the Rules of the House 
        of Representatives) requires all employees of the House 
        to behave at all times in a manner that reflects 
        creditably on the House, an employee of the House who 
        serves as a designated congressional election observer 
        is subject to the Code of Official Conduct in the 
        employee's role as such an observer.
  (d) Designated Congressional Election Observer Described.--In 
this section, a ``designated congressional election observer'' 
is a House employee (as contemplated by the Rules of the House 
of Representatives) 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 
successor committee, to gather information with respect to an 
election, including in the event that the election is contested 
in the House of Representatives 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.

SEC. [304.]  305. MINIMUM REQUIREMENTS.

  The requirements established by this title are minimum 
requirements and nothing in this title shall be construed to 
prevent a State from establishing election technology and 
administration requirements that are more strict than the 
requirements established under this title so long as such State 
requirements are not inconsistent with the Federal requirements 
under this title or any law described in section 906.

SEC. [305.]  306. METHODS OF IMPLEMENTATION LEFT TO DISCRETION OF 
                    STATE.

  The specific choices on the methods of complying with the 
requirements of this title shall be left to the discretion of 
the State.

           *       *       *       *       *       *       *


                         TITLE IV--ENFORCEMENT

SEC. 401. ACTIONS BY THE ATTORNEY GENERAL FOR DECLARATORY AND 
                    INJUNCTIVE RELIEF.

  The Attorney General may bring a civil action against any 
State or jurisdiction in an appropriate United States District 
Court for such declaratory and injunctive relief (including a 
temporary restraining order, a permanent or temporary 
injunction, or other order) as may be necessary to carry out 
the uniform and nondiscriminatory election technology and 
administration requirements under sections 301, 302, [and 303] 
303, and 304.

           *       *       *       *       *       *       *