,in the ,senate of the ,united ,states1 ,september #bd1 #bjbd4 ,amendment3 ,that the bill from the ,house of ,representatives 7,h4,r4 #feac7 entitled ,an ,act to amend the ,help ,america ,vote ,act of #bjjb to confirm the requirement that ,states allow access to designated congressional election observers to observe the election administration procedures in congressional elections41 do pass with the following ,strike all after the enacting clause and insert the following3 #a4 ,short title ,this ,act may be cited as the ,confirmation ,of ,congressional ,observer ,access ,act of #bjbd or the ,,cocoa ,act of #bjbd4 #b4 ,access for congressional election observers 7a7 ,access required ,title ,,iii of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bajha et seq47 is amended-- 7#a7 by redesignating section #cjd and #cje as sections #cje and #cjf2 and 7#b7 by inserting after section #cjc the following new section3 #cjd4 ,access for congressional election observers 7a7 ,finding of constitutional authority ,congress finds that1 regardless of legislative action1 it has the authority to send congressional election observers to observe polling locations1 any location where processing1 scanning1 tabulating1 canvassing1 recounting1 auditing1 or certifying voting results is occurring1 or any other part of the process associated with elections for ,federal office under the authorities granted under article #a1 section #e1 clause #a and article #a1 section #d1 clause #a of the ,constitution of the ,united ,states4 ,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 activity4 7b7 ,requiring ,states ,to provide access for observers 7#a7 ,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 procedures1 including1 but not limited to1 access to any area in which a ballot is cast1 processed1 scanned1 tabulated1 canvassed1 recounted1 audited1 or certified1 including during pre- and post-election procedures4 7#b7 ,restrictions on activities of observers ,no designated congressional election observer may handle a ballot or election equipment 7whether voting or nonvoting or whether tabulating or nontabulating71 advocate for any position or candidate1 take any action to reduce ballot secrecy or voter privacy1 take any action to interfere with the ability of a voter to cast a ballot or an election administrator to carry the administrator's duties1 or otherwise interfere with the election administration process4 7#c7 ,rule of construction ,nothing in this section shall prohibit a designated congressional election observer from asking questions of an election administrator1 election official1 or election worker1 or any other ,state or local official4 7c7 ,conduct of observers 7#a7 ,removal 7,a7 ,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 law1 or in the disruption of voting1 processing1 scanning1 tabulating1 canvassing1 or recounting of ballots1 or the certification of results1 a ,state or local election official may remove that observer from the area involved4 7,b7 ,notice to committee ,if a designated congressional election observer is removed from an area under subparagraph 7,a71 the election official shall1 within #bd hours of the observer's removal-- 7i7 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 ,senate1 as applicable2 and 7ii7 provide written notice detailing the reason or reasons the designated congressional election observer was removed4 7#b7 ,rule of construction ,for purposes of this subsection1 the mere presence of a designated congressional election observer during an observation of election administration procedures1 without any additional indicia supporting a reasonable basis for removal1 is not a sufficient reason for removal under paragraph 7#a77;,a74 7#c7 ,right to replace observer ,if a designated congressional election observer is properly removed under paragraph 7#a77;,a71 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 ,senate1 as appropriate1 may send another designated congressional election observer as a replacement for the remaining duration of the observation of election administration procedures4 7d7 ,designated congressional election observer described ,in this section1 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 ,senate1 or a successor committee1 to gather information with respect to an election1 including in the event that the election is contested in the ,house of ,representatives or the ,senate and for other purposes permitted by article #a1 section #e1 clause #a and article #a1 section #d1 clause #a of the ,constitution of the ,united ,states4 7e7 ,state defined ,in this section1 the term ,state means each of the #ej ,states1 the ,district of ,columbia1 the ,commonwealth of ,puerto ,rico1 the ,united ,states ,virgin ,islands1 ,guam1 ,american ,samoa1 and the ,commonwealth of the ,northern ,mariana ,islands4 4 7b7 ,conforming amendment relating to enforcement ,section #dja of such ,act 7#eb ,u4,s4,c4 #baaaa7 is amended by striking and #cjc and inserting #cjc1 and #cjd4 7c7 ,clerical amendment ,the table of contents of such ,act is amended-- 7#a7 by redesignating the items relating to sections #cjd and #cje as relating to sections #cje and #cjf2 and 7#b7 by inserting after the item relating to section #cjc the following3 ,sec4 #cjd4 ,confirming access for congressional election observers4 4 ,secretary