Overview

Title

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.

ELI5 AI

H.R. 9779 wants to make sure that people called "election observers" can watch how elections are run to make sure everything is fair, but they can't touch the ballots or bother the voters. If an observer doesn't follow the rules, they can be replaced with someone else.

Summary AI

H.R. 9779, known as the “COCOA Act of 2024,” aims to amend the Help America Vote Act of 2002. It confirms that states are required to allow designated congressional election observers to access and observe election procedures during federal elections. These observers, however, are not allowed to interfere with the election process, handle ballots, or engage in actions that compromise ballot secrecy or voter privacy. The bill also outlines rules for the removal and replacement of observers who do not adhere to these guidelines.

Published

2024-09-24
Congress: 118
Session: 2
Chamber: HOUSE
Status: Introduced in House
Date: 2024-09-24
Package ID: BILLS-118hr9779ih

Bill Statistics

Size

Sections:
3
Words:
1,222
Pages:
7
Sentences:
31

Language

Nouns: 367
Verbs: 117
Adjectives: 57
Adverbs: 7
Numbers: 57
Entities: 71

Complexity

Average Token Length:
4.67
Average Sentence Length:
39.42
Token Entropy:
5.01
Readability (ARI):
23.88

AnalysisAI

General Summary of the Bill

The "Confirmation Of Congressional Observer Access Act of 2024," also known as the "COCOA Act of 2024," aims to amend the Help America Vote Act of 2002. This amendment is designed to ensure that states permit designated congressional election observers to monitor the procedures involved in federal elections. The bill establishes guidelines for the authority, conduct, and roles of these observers, stipulating that they must have full access to observe election processes while outlining certain boundaries to prevent interference with election administration.

Summary of Significant Issues

Several issues within the bill have been identified, reflecting areas of potential ambiguity and concern:

  1. Definition of 'Full Access': The bill mandates that observers have full access to monitor election processes but does not clearly define the extent of this access. This lack of specificity could lead to varied interpretations and enforcement by different states, resulting in inconsistent application.

  2. State Autonomy Concerns: Sections of the bill might be seen as infringing upon state control over election management. By reinforcing Congressional authority to send observers, the bill may raise concerns about federal overreach into state-administered elections.

  3. Observer Selection Process: The bill does not specify criteria for selecting designated congressional election observers, which could lead to subjective or potentially biased selection processes.

  4. Lack of Enforcement Penalties: While the bill restricts observers from interfering with election procedures, it does not describe any penalties for observers who violate these restrictions. This omission could hinder enforcement and potentially allow observers to act without accountability.

  5. Replacement of Removed Observers: Although the bill allows for the replacement of observers who have been removed for misconduct, it does not detail limits on replacements or constraints on their subsequent behavior, possibly resulting in repeated disruptions.

  6. Notification and Aftermath of Observer Removal: The bill requires notification of congressional committees when an observer is removed, yet it does not clarify any repercussions for the observer involved, leaving potential gaps in accountability.

  7. Budgetary and Implementation Concerns: There is no mention of funding or resources allocated for the enactment of these measures, which could leave states uncertain about how they are to financially and operationally support the observers' involvement.

Impact on the Public and Stakeholders

Broad Public Impact

For the general public, the bill seeks to enhance transparency and oversight in federal elections, which could be perceived as a positive step towards ensuring fair election practices. However, the potential for inconsistent application due to vague guidelines might lead to public confusion or distrust in the electoral process if not uniformly managed across all states.

Stakeholder Impact

State Governments: The potential federal overreach implied by the bill might cause tension with state authorities who are accustomed to managing their election procedures independently. If states perceive this as an intrusion, it may prompt resistance or calls for clearer demarcation between federal and state jurisdiction in elections.

Election Observers: While the establishment of congressional observers aims to boost oversight, the lack of detailed selection criteria and enforcement mechanisms may challenge the integrity and effectiveness of their role. Observers themselves could face criticism or challenges without clear guidelines to justify their actions or positions.

Electoral Officials: The requirement for election officials to manage observers, alongside existing election duties, without specified funding might stretch already limited resources and staffing in some regions. Furthermore, they could be put in complex situations needing to balance observer access with maintaining election security and integrity.

In conclusion, while the COCOA Act of 2024 proposes measures for increased transparency in election monitoring, it highlights significant questions about practical implementation and state-federal relations that could influence its reception and success.

Issues

  • The provision in Section 2 does not specify clear guidelines or standards for what constitutes 'full access' for designated congressional election observers, potentially leading to differing interpretations and enforcement across States.

  • Section 304 of the bill includes language that might be perceived as overriding state autonomy in managing elections, raising potential concerns about federal overreach.

  • There are no specific criteria or qualifications mentioned in Sections 2 and 304 for choosing designated congressional election observers, which may result in subjective and potentially biased selection processes.

  • The bill, particularly in Section 2, does not outline any penalties for observers who violate restrictions, such as handling ballots or equipment, which could lead to enforcement challenges.

  • Section 2 mentions the right to replace a removed observer but lacks details on limits to replacements or constraints on the observer's conduct after replacement, potentially leading to abuse or repeated disruptions.

  • The requirement in Sections 2 and 304 for election officials to inform congressional committees of an observer's removal lacks clarity regarding whether there are penalties or further actions taken against observers who are disruptive.

  • The text in Sections 2 and 304 does not specify any funding or budgetary implications, which might lead to ambiguity as to how the requirements and procedures will be financially supported or implemented by the States.

Sections

Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.

1. Short title Read Opens in new tab

Summary AI

The section provides the short title of the Act, stating it can be referred to as either the “Confirmation Of Congressional Observer Access Act of 2024” or simply the “COCOA Act of 2024”.

2. Access for congressional election observers Read Opens in new tab

Summary AI

Congress passed an amendment to the Help America Vote Act of 2002, establishing guidelines for designated congressional election observers. These observers are granted access to monitor various election procedures but are prohibited from handling ballots or interfering with the election process. If an observer is removed due to misconduct, a replacement can be sent.

304. Access for congressional election observers Read Opens in new tab

Summary AI

Congress has set rules for sending designated election observers to watch the entire voting process in federal elections. These observers can't touch ballots or machines, advocate, disrupt, or interfere with voting, but they can ask questions to election officials. If an observer acts wrongly, they can be removed, and another observer can replace them.