Sec. 126. Confirming access for Congressional election observers
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This section may be cited as the or the Confirmation Of Congressional Observer Access Act of 2022 . COCOA Act of 2022 Congress finds the following: The Constitution delegates to each of House of the Congress the authority to “be the Judge of the Elections, Returns and Qualifications of its own Members”. While, in general, Congress shall respect the determination of State authorities with respect to the election of members to each House, each House of Congress serves as the final arbiter over any contest to the seating of any putative Member-elect or Senator-elect.
These election contest procedures are contained in the precedents of each House of Congress. Further, for the House of Representatives the procedures exist under the Federal Contested Elections Act. In the post-Civil War modern era, more than 100 election contests have been filed with the House of Representatives. For decades, Congress has appointed and sent out official congressional observers to watch the administration of congressional elections in the States and territories.
These observers serve to permit Congress to develop its own factual record in preparation for eventual contests and for other reasons. This section and the amendments made by this section do not establish any new authorities or procedures but are provided simply to permit a convenient statutory reference for existing Congressional authority and activity. Title III of the Help America Vote Act of 2002 ( 52 U.S.C. 21081 et seq. ), as amended by section 125(a), is amended— by redesignating sections 305 and 306 as sections 306 and 307; and by inserting after section 304 the following new section:
Congress finds that it has the authority to require that States allow access to designated Congressional election observers to observe the election administration procedures in an election for Federal office because the authority granted to Congress under article I, section 5 of the Constitution of the United States gives each House of Congress the power to be the judge of the elections, returns and qualifications of its own Members. A State shall provide each individual who is a designated Congressional election observer for an election with full access to clearly observe all of the elements of the administration procedures with respect to such election, including but not limited to in all areas of polling places and other facilities where ballots in the election are processed, tabulated, cast, canvassed, and certified, in all areas where voter registration activities occur before such election, and in any other such place where election administration procedures to prepare for the election or carry out any post-election recounts take place.
No designated Congressional election observer may handle ballots, elections equipment (voting or non-voting), advocate for a position or candidate, take any action to reduce ballot secrecy, or otherwise interfere with the elections administration process. In this section, a designated Congressional election observer is an individual 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 the successor committee in either House of Congress 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 of the Constitution of the United States. .
Section 401 of such Act ( 52 U.S.C. 21111 ), as amended by section 125(c), is amended by striking and 304 and inserting 304, and 305 . The table of contents of such Act, as amended by section 125(d), is amended— by redesignating the items relating to sections 305 and 306 as relating to sections 306 and 307; and by inserting after the item relating to section 304 the following: Sec. 305. Confirming access for Congressional election observers. .
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