§21083a Access for Congressional Election Observers

Summary

States must let people sent by Congress to watch federal elections fully see all parts of running the election. Observers must be allowed into any place where a ballot is cast, handled, scanned, counted, recounted, audited, or certified, including before and after Election Day. Congress says it has the constitutional authority to send these observers, and these rules just describe how access should work. Observers are House or Senate staffers chosen in writing by the chair or ranking minority member of the relevant committee to gather election information. Observers may not touch ballots or election equipment, campaign for anyone, invade voter privacy, or block voters or election workers. They can ask questions of election officials. If an election official reasonably believes an observer is or will be intimidating, deceiving, or disrupting voting or ballot handling, the official may remove that observer. The official must tell the chair and ranking minority member of the appropriate congressional committee and give a written reason within 24 hours. Mere presence alone is not enough cause to remove an observer. If removed properly, the committee chair or ranking member may send a replacement. "State" here includes the 50 States, the District of Columbia, Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, and the Northern Mariana Islands.