(b) FINDINGS RELATING TO CONGRESSIONAL ELEC-
TION OBSERVERS.—Congress finds the following: 
(1) The Constitution delegates to each House of 
Congress the authority to ‘‘be the Judge of the Elec-
tions, Returns and Qualifications of its own Mem-
bers’’. 
(2) 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 con-
test to the seating of any putative Member-elect or 
Senator-elect. 
(3) These election contest procedures are con-
tained in the precedents of each House of Congress. 
Further, for the House of Representatives the proce-
dures exist under the Federal Contested Elections 
Act. 
(4) In the post-Civil War modern era, more 
than 100 election contests have been filed with the 
House of Representatives. 
(5) For decades, Congress has appointed and 
sent out official congressional observers to watch the 
administration of congressional elections in the 
States and territories. 
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(6) These observers serve to permit Congress to 
develop its own factual record in preparation for 
eventual contests and for other reasons. 
(7) This Act and the amendments made by this 
Act do not establish any new authorities or proce-
dures but are provided simply to permit a convenient 
statutory reference for existing congressional author-
ity and activity. 
SEC. 2. CONFIRMING ACCESS FOR CONGRESSIONAL ELEC-
TION OBSERVERS. 
(a) CONFIRMING REQUIREMENT THAT STATES PRO-
VIDE ACCESS.—Title III of the Help America Vote Act 
of 2002 (52 U.S.C. 21081 et seq.) is amended— 
(1) by redesignating sections 304 and 305 as 
sections 305 and 306; and 
(2) by inserting after section 303 the following 
new section: 
‘‘SEC. 304. CONFIRMING ACCESS FOR CONGRESSIONAL 
ELECTION OBSERVERS. 
‘‘(a) FINDING OF CONSTITUTIONAL AUTHORITY.— 
Congress finds that it has the authority to require that 
States allow access to designated congressional election 
observers to observe the election administration proce-
dures in an election for Federal office because the author-
ity granted to Congress under article I, section 5 of the 
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Constitution of the United States gives each House of 
Congress the power to be the judge of the elections, re-
turns and qualifications of its own Members. 
‘‘(b) REQUIRING STATES TO PROVIDE ACCESS.—A 
State shall provide each individual who is a designated 
congressional election observer for an election with full ac-
cess to clearly observe all of the elements of the adminis-
tration 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, tab-
ulated, cast, canvassed, and certified, in all areas where 
voter registration activities occur before such election, and 
in any other such place where election administration pro-
cedures 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 can-
didate, take any action to reduce ballot secrecy, or other-
wise interfere with the elections administration process. 
‘‘(c) DESIGNATED CONGRESSIONAL ELECTION OB-
SERVER DESCRIBED.—In this section, a ‘designated con-
gressional election observer’ is an individual who is des-
ignated in writing by the chair or ranking minority mem-
ber of the Committee on House Administration of the 
House of Representatives or the Committee on Rules and 
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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 elec-
tion is contested in the House of Representatives or the 
Senate and for other purposes permitted by article 1, sec-
tion 5 of the Constitution of the United States.’’. 
(b) CONFORMING AMENDMENT RELATING TO EN-
FORCEMENT.—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 sec-
tions 304 and 305 as relating to sections 305 and 
306; and 
(2) by inserting after the item relating to sec-
tion 303 the following: 
‘‘Sec. 304. Confirming access for congressional election observers.’’. 
Æ 
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