Public Law 118–106: 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.
Public Law
106
Public Law 118–106
138 Stat. 1591
2024-10-04
2024-10-04
United States Government Publishing Office
National Archives and Records Administration
Office of the Federal Register
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PUBLIC LAW 118–106—OCT. 4, 2024
138 STAT. 1591
Public Law
118–106
118th Congress

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.
Oct. 4, 2024
[H.R. 6513]
Be it enacted by the Senate and House of Representa­tives of the United States of America in Congress assembled,
Confirmation Of Congressional Observer Access Act of 2024.
SECTION 1.
52 USC 10101 note.

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
52 USC 21084, 21085.
as sections 305 and 306; and
(2)
by inserting after section 303 the following new section:
“SEC. 304.
52 USC 21083a note.

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 138 STAT. 1592 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)
Deadline.

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. 138 STAT. 1593
“(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.”.
Approved
October 4, 2024
.

LEGISLATIVE HISTORY—H.R. 6513:
HOUSE REPORTS: ┐No. 118–361 (Comm. on House Administration).

CONGRESSIONAL RECORD, Vol. 170 (2024):
Sept. 9, considered and passed House.
Sept. 24, considered and passed Senate, amended.
Sept. 25, House concurred in Senate amendment.
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