[118th Congress Public Law 106]
[From the U.S. Government Publishing Office]
[[Page 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. <<NOTE: 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, <<NOTE: Confirmation Of
Congressional Observer Access Act of 2024.>>
SECTION 1. <<NOTE: 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 <<NOTE: 52 USC
21084, 21085.>> as sections 305 and 306; and
(2) by inserting after section 303 the following new
section:
``SEC. 304. <<NOTE: 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
[[Page 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) <<NOTE: 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.
[[Page 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:
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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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