[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:
---------------------------------------------------------------------------

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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