,,ib ,union ,calendar ,no4 #bif #aahth  
,,congress  #b;d ,session  ,h4 ,r4 #feac
 ,report ,no4 #aah-cfa ,,in ,,the       
,,house ,,of ,,representatives          
,november #cj1 #bjbc,mr4 ,carey 7for    
himself1 ,mr4 ,morelle1 and ,mr4 ,steil7
 introduced the following bill2 which   
was referred to the ,committee on ,house
 ,administration  ,january #bi1         
#bjbd;,committed to the ,committee of   
the ,whole ,house on the ,state of the  
,union and ordered to be printed  ,a    
,,bill  ,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 elections4  #a4 ,short    
title2 findings  7a7 ,short title ,this 
,act may be cited as the ,confirmation  
,of ,congressional ,observer ,access    
,act of #bjbc or the ,,cocoa ,act of    
#bjbc4  7b7 ,findings relating to       
congressional election observers        

,congress finds the following3 7#a7     
,article #a1 section #e1 clause #a of   
the ,constitution grants ,congress the  
authority to be the ,judge of the       
,elections1 ,returns and ,qualifications
 of its own ,members4  7#b7 ,the ,house 
of ,representatives serves as the final 
arbiter over any contest to the seating 
of any putative ,member-elect4  7#c7    
,congress has exercised this            
authority--and responsibility--since our
 ,nation's very beginning1 from the     
,first ,congress through the ,one       
,hundred ,eighteenth ,congress4 ,over   
our history1 election contests have     
remained a normal and regular part of   
the biennial process for electing1      
recognizing1 and seating new ,members4  
,although ,congress has opted to revise 
the statutory framework by which it     
considers election contests1            
consideration of such contests has been 
a regular and recurring part of         
,congress' constitutional prerogatives  
and work4 ,for example1 across our      

,nation's history1 more than            
approximately #faj elections have been  
contested in the ,house--an average of  
more than #e per ,congress4 ,indeed1    
even discounting the ,reconstruction    
period and its surge in election        
contests1 there have been #aaj contested
 election cases considered in the ,house
 since #aicc--;an average of more than  
#b contests per ,congress4  7#d7 ,these 
election contest procedures are         
contained in the precedents of each     
,house of ,congress4 ,further1 for the  
,house of ,representatives the          
procedures exist under the ,federal     
,contested ,elections ,act4  7#e7 ,for  
decades1 the ,house of ,representatives 
has appointed its staff to watch the    
administration of congressional         
elections in the ,states and            
territories4 ,critically1 congressional 
observers serve to gather real-time     
information and data for the ,house in  
anticipation of an election contest     
being filed4  #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 shall-- 7i7 inform the
 chair and ranking minority member of   
the ,committee on ,house ,administration
 of the ,house of ,representatives2 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     

subparagraph 7,a74  7#c7 ,right to      
replace observer ,if a designated       
congressional election observer is      
properly removed under subparagraph     
7,a71 the chair or ranking minority     
member of the ,committee on ,house      
,administration of the ,house of        
,representatives1 as appropriate1 may   
send another designated congressional   
election observer as a replacement for  
the remaining duration of the           
observation of election administration  
procedures4  7#d7 ,clarification        
regarding applicability of ,code of     
,official ,conduct ,it is the sense of  
,congress that1 because the ,code of    
,official ,conduct for the ,house of    
,representatives 7rule ,,xxiii of the   
,rules of the ,house of                 
,representatives7 requires all employees
 of the ,house to behave at all times in
 a manner that reflects creditably on   
the ,house1 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 observer4    
7d7 ,designated congressional election  
observer described ,in this section1 a  
designated congressional election       
observer is a ,house employee 7as       
contemplated by the ,rules of the ,house
 of ,representatives7 who is designated 
in writing by the chair or ranking      
minority member of the ,committee on    
,house ,administration of the ,house of 
,representatives1 or the successor      
committee1 to gather information with   
respect to an election1 including in the
 event that the election is contested in
 the ,house of ,representatives 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 section     
,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    
,january #bi1 #bjbd;,committed to the   
,committee of the ,whole ,house on the  
,state of the ,union and ordered to be  
printed