The COCOA Act gives Congress the legal right to send official observers to watch how federal elections are run in every state. These observers would be House employees specifically chosen by the House Administration Committee leadership to monitor what happens during elections, especially if an election result gets challenged in Congress.

States would be required to let these congressional observers see everything that happens with ballots and voting equipment—from before Election Day through after, including when ballots are cast, counted, scanned, recounted, audited, and certified. However, the observers can only watch and gather information. They cannot touch ballots or machines, campaign for anyone, do anything that would expose how someone voted, interfere with voters trying to cast ballots, or get in the way of election workers doing their jobs.

If an election official thinks a congressional observer is breaking these rules, they can remove that person from the polling place. When this happens, the official has to send a written notice to the House Administration Committee explaining why the observer was removed. Essentially, this bill creates a formal system for Congress to have eyes on the ground during elections while setting clear boundaries on what those observers can and cannot do.

COCOA Act of 2024

Carey, Mike

Confirmation Of Congressional Observer Access Act of 2023 or the COCOA Act of 2023This bill provides statutory authority for designated congressional election observers. Designated congressional election observer refers to an employee of the House of Representatives who is designated in writing by the chair or ranking minority member of the Committee on House Administration to gather information with respect to an election, including in the event that the election is contested in the House and for other purposes permitted by Article I, Section 5, clause 1 and Article I, Section 4, clause 1 of the U.S. Constitution.The bill requires states to provide designated congressional election observers with full access to&nbsp;clearly observe all elements of administration procedures of federal elections, including access to any area in which a ballot is cast, processed, scanned, tabulated, canvassed, recounted, audited, or certified, including during pre- and post-election procedures.The bill prohibits such an observer from handling ballots or election equipment, advocating for a position or candidate, taking any action to reduce ballot secrecy or voter privacy, taking any action to interfere with the ability of a voter to cast a ballot or an election administrator to carry out the administrator's duties, or otherwise interfering with the election administration process.The bill specifies the conduct for which designated congressional election observers may be removed by election officials. In the event of removal, the election official must provide written notice to the chair and ranking minority member of the Committee on House Administration.